The definition is very broad and encompasses things such as air rifles, replica firearms, flick knives, protective vests, telescopic batons, knuckle dusters, martial arts weapons, silencers, and antipersonnel gases, as well as anything designed to disguise anything defined as a weapon – for example, a walking stick which has a blade concealed within it.
All firearms are weapons.
The possession and use of firearms and dangerous weapons in Queensland is controlled by the Act. The overriding objective of the Act is to secure public and individual safety by controlling the possession and storage of weapons, and to prevent their misuse.
In terms of firearms, the Weapons Act:
Owning a handgun is subject to greater restrictions than other weapons, particularly for target shooters and collectors.
Categories of licences include collector, dealer, armourer, shooting gallery, shooting club member or visitor, and security guard. The possession of any weapon without an appropriate licence is unlawful. A range of penalties applies depending on the category and number of weapons involved and can reach a maximum of 13 years imprisonment in some specific instances. The Weapons Act includes mandatory minimum penalties.
For example, where an unlawfully possessed weapon of certain categories is used in the commission of an indictable offence, the penalty is 18 months imprisonment to be specifically served in prison. The unlawful possession of a short firearm in a public place also attracts a penalty to be served wholly in prison.
Licensed weapon holders can still commit an offence if they carry or discharge a weapon in a public place without reasonable excuse, fail to keep a weapon in secure storage or have physical possession of a weapon whilst under the influence of alcohol or other drugs. Shortening of firearms is also an offence.
Under the Police Powers and Responsibilities Act 2000 (Qld), a police officer investigating a firearm offence has the power to:
If a person is threatening to use a firearm or other dangerous articles in a way that may cause death or injury, a police officer can, without a warrant:
If you are being investigated for or are charged with a weapon or firearm offence, you will need competent and expert legal advice.
Rawlings Criminal Law are knowledgeable and effective lawyers who will fight for you – whether that be through negotiation with the relevant authorities or representing you in Court – you need us on your side.
Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way.
In building our strongest application for you to be granted bail, we will design and structure your submission so that: