Firearms & weapons offences our experienced criminal lawyers can provide defence representation for
Unlawful possession of a weapon
The Weapons Act 1990 (Qld) regulates the possession, storage and licensing of firearms and weapons in Queensland. Section 50 of the Weapons Act 1990 (Qld) states a person must not unlawfully possess a weapon in Queensland. This offence applies to a person found in possession of a weapon or firearm without proper authorisation or a valid licence.
The maximum and minimum penalties depend on the type of weapon, whether it was possessed in a public place and whether the weapon was used to commit an indictable offence. Below is a table outlining the weapon categories and their descriptions.
| Weapon Category | Weapon Description |
|---|---|
| Category A | Rimfire rifles (excluding self-loading), single and double-barrel shotguns, air rifles |
| Category B | Centrefire rifles (excluding self-loading), muzzle-loading firearms |
| Category C | Self-loading and pump-action shotguns (limited to certain licence holders) |
| Category D | Self-loading centre-fire rifles, self-loading and pump-action shotguns (prohibited except for limited use) |
| Category E | Machine guns, fully automatic firearms, certain large-calibre military-style firearms, body armour |
| Category H | Handguns, including pistols and revolvers |
| Category M | Miscellaneous weapons, including crossbows, nunchaku, and certain types of knives |
| Category R | Restricted weapons, including rocket launchers, flame-throwers, anti-tank guns, fully automatic machine gun, fully automatic sub machine gun, silencer, hand grenade, mortar and other military-grade weapons |
What is the maximum penalty for Unlawful Possession of a Weapon in QLD?
The maximum penalties for unlawful possession of a weapon in Queensland depend on the category of weapon and the number of weapons involved.
Down below is a table outlining the penalties based on weapon category (*see above table for weapon category)
| Weapon Category | Maximum Penalty |
|---|---|
| 10+ weapons (at least 5 from Category D, E, H, R) | 13 years imprisonment |
| 10+ weapons (not including 5 from Category D, E, H, R) | 10 years imprisonment or 500 penalty units |
| Category D, H, or R weapon | 7 years imprisonment or 300 penalty units |
| Category C or E weapon | 4 years imprisonment or 200 penalty units |
| Category A, B, or M weapon | 2 years imprisonment or 100 penalty units |
At Donnelly Law Group we understand every case is unique, and while the maximum penalties are severe, they are rarely imposed. Our criminal law team has successfully helped clients get reduced sentences, suspended sentences and other outcomes depending on the case.
What is the minimum penalty for Unlawful Possession of a Weapon in QLD?
In Queensland, if aggravating factors are present, such as using weapons to commit an indictable offence or facilitating an indictable offence, minimum mandatory sentencing applies.
Down below is a table outlining aggravating factors that can increase penalties for unlawful possession of firearms:
| Aggravating Factor | Minimum Sentencing |
|---|---|
| Firearm used to commit an indictable offence (Category D, E, H, R) | 18 months actual imprisonment |
| Firearm possessed to facilitate an indictable offence (Category D, E, H, R) | 1 year actual imprisonment |
| Short firearm unlawfully possessed in a public place (without reasonable excuse) | 1 year actual imprisonment |
| Firearm used to commit an indictable offence (Category A, B, M) | 9 months actual imprisonment |
| Firearm possessed to facilitate an indictable offence (Category A, B, M) | 6 months actual imprisonment |
Possible defence strategies for Unlawful Possession of a Weapon in Brisbane, Gold Coast & QLD
- Not in actual possession of a weapon
- Valid weapon licence at the time of possession
- Mistaken identity
- Accused did not have a weapon under the Weapons Categories Regulation 1997
Do note that self-defence is not a lawful excuse to possess a weapon in Queensland.
Unlawful Possession of Bullet Proof Vest or Body Armour
The Weapons Categories Regulation 1997 (Qld) classifies body armour as a Category E weapon, the regulation defines body armour as an article designed for anti-ballistic purposes that is designed to be worn on a part of the body. This includes bullet proof vests and other protective gear that prevent penetration of small arms projectiles.
What is the maximum penalty for Unlawful Possession of Bullet Proof Vest or Body Armour in QLD?
The maximum penalty for unlawful possession of a bullet proof vest or body armour is 4 years imprisonment. If any aggravating factors apply such as wearing body armour while committing an indictable offence a minimum sentencing penalty may apply.
Possible defence strategies for Bullet Proof Vest or Body Armour in Brisbane, Gold Coast & QLD
- Not in actual possession of body armour or bullet proof vest
- Reasonable excuse (employment requires it i.e. police, licensed transport/storage person, licensed collector, licensed film studio)
- Mistaken possession
Possession of a Knife in Public Place or School
Under the Weapons Act 1990 it is an offence for a person to possess a knife in a public place or a school, unless you have a reasonable excuse.
The Act broadly defines a knife to include an object with a sharpened point or a blade that is reasonably capable of being used to wound/threaten another person and can be held in one or both hands. This means small blades like pocketknives or home-made sharpened objects can fall under this definition.
A school is defined under the Act as any state or non-State education institution, meaning the law can be applied to both public and private schools.
What is the maximum penalty for Possession of Knife in Public Place or School in QLD?
The maximum penalty for possession of a knife in a public place or school depends on whether it is a first offence or repeat offence.
- First Offence – $8065 fine or 18 months imprisonment
- Repeat Offence – $16,130 fine or 2 years imprisonment
Penalties can be increased if any aggravating factors were present during the offence, here are list of aggravating factors:
- Advertising the offence on social media
- Displaying the knife in a threatening way
- Repeat offences
Possible defence strategies for Possession of Knife in Public Place or School in Brisbane, Gold Coast & QLD
- Reasonable excuse – carrying a knife for work purposes (fishing/farming/chef) or recreational activities like camping
- Accused was in a private place
- Accused did not have a knife
- Mistaken identity
Carrying a knife in a public place or school for self-defence purposes is not a reasonable excuse under the law.
Possession of Unregistered Firearm
Section 50A of the Weapons Act 1990 (Qld) states that all firearms in Queensland must be registered, it is an offence to possess an unregistered firearm. This law ensures firearms are legally owned and traceable, maintaining the safety of the public.
The offence of possessing an unregistered firearms only applies to persons who already hold a license to possess the firearm. If a person possesses an unregistered firearm without the appropriate license they will be committing a separate offence of unlawfully possessing a weapon.
What is the maximum penalty for Possession of Unregistered Firearm in QLD?
The maximum penalty for possession of an unregistered firearm in Queensland is $19,356.
It’s important to note that if you have never held a license for the firearm, you may face an offence of possessing a weapon unlawfully. This offence can lead to imprisonment and hefty fines.
Possible defence strategies for Possession of Unregistered Firearm in Brisbane, Gold Coast & QLD
- Accused holds a valid firearm license
- Accused does not have a firearm
- Administrative error (mistakes or delays in updating records)
- Mistaken identity
Public Place Firearm Offences
Section 57 of the Weapons Act 1990 (Qld) states that carrying or discharging a weapon in a public place is an offence, unless a reasonable excuse applies. This is a separate matter to the possession of the weapon. A public place includes vehicles in a public area.
Weapons under this offence can include:
- Firearms
- Antique firearm
- Spear gun
- Longbow
- Sword
- Slingshot
- Shanghai’s
Reasonable excuse for carrying or discharging a firearm in a public place can include:
- In the course of employment (official events, ceremonial role, controlled pest control)
- Recreational activities (hunting)
What is the maximum penalty for Public Firearm Offences in QLD?
| Offence | Maximum Penalty |
|---|---|
| Carrying a weapon exposed to view (without a reasonable excuse) | 40 penalty units or 6 months imprisonment |
| Carrying a loaded or discharge-capable weapon in a public place | 120 penalty units or 2 years imprisonment |
| Discharging a weapon in, into, towards, over, or through a public place | 200 penalty units or 4 years imprisonment |
At Donnelly Law Group we understand every case is unique, and while the maximum penalties are severe, they are rarely imposed. Our criminal law team has successfully helped clients get reduced sentences, suspended sentences and other outcomes depending on the case.
Possible defence strategies for Public Firearm Offences in Brisbane, Gold Coast & QLD
- Reasonable excuse (during course of employment)
- Accused did not have a weapon
- Accused was not in a public place
Going Armed in Public to Cause Fear
Going armed in public to cause fear is a criminal offence under the Queensland Criminal Code. For a person to be charged with this offence, the police must prove beyond a reasonable doubt that a person:
- Went armed – carrying a weapon or object used for intimidation
- In public – public area
- Causing Fear – making a reasonable person feel threatened or intimated due to the way a person is armed
- Unlawfully – person went armed without a lawful reason to do so
What is the maximum penalty for Going Armed in Public to Cause Fear in QLD?
A person going armed in public without lawful occasion to cause fear will be liable to imprisonment for 2 years.
Penalties can be increased if any aggravating factors were present during the offence, here are list of aggravating factors:
- Publishing material on social media – 3 years imprisonment
- Committing the offence with a discriminatory motive (race, religion, gender, sexual characteristics) – 3 years imprisonment
Possible defence strategies for Going Armed in Public to Cause Fear in Brisbane, Gold Coast & QLD
- Weapon was used for a lawful purpose (fishing/ceremonial duties/recreational sport)
- Accused did not have a weapon
- Accused was not in a public place (private land)
- An ordinary person would not have felt threatened or intimated in the circumstances
Dangerous Conduct with Weapon
Section 58 of the Weapons Act 1990 (Qld) states that it is an offence to engage in dangerous conduct with a weapon without a reasonable excuse if it is likely to:
- Cause death or injury to a person
- Result in unlawful destruction or damage to property
- Alarm another person
Weapons Under This Offence Can Include:
- Firearms
- Antique firearms
- Explosive tools
- Captive bolt humane killers
- Spear guns
- Longbows
- Swords
- Replicas of weapons
- Explosives
- Slingshots
- Shanghais
- Laser pointers
What is the maximum penalty for Dangerous Conduct with Weapon in QLD?
The maximum penalty for dangerous conduct with a weapon in Queensland is 4 years imprisonment.
Possible defence strategies for Dangerous Conduct with Weapon in Brisbane, Gold Coast & QLD
- Reasonable excuse
- Accused did not have a weapon at the time of offence
- Reasonable person would not have felt alarmed or endangered
- Mistaken identity
Possession or Use Under Influence of Drugs or Alcohol
Section 59 of the Weapons Act 1990 (Qld) makes it an offence to possess or use a weapon while under the influence of a drug or alcohol, even if no harm or reckless conduct occurs. A person does not need to display or threaten use of a weapon, mere possession of a weapon under the influence is enough to commit the offence.
A weapon under this section can include:
- Firearm
- Antique firearm
- Spear gun
- Longbow
- Sword
- Any replica of the above
- Slingshot
- Shanghai
- An explosive
Possible defence strategies for Possession or Use Under Influence of Drugs or Alcohol in Brisbane, Gold Coast & QLD
- Accused did not have a weapon
- Accused was not under the influence of a drug or alcohol
- Accused unknowingly was under the influence (drink spiking)
Secure Storage of Weapons Offences
Under Section 60 of the Weapons Act 1990 (Qld), firearm owners and licensees must ensure their weapons are securely stored when not in use to prevent unauthorised access. It is also an offence to keep your weapon at a location different to your registered address listed in the firearms register.
- Licensees – A licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon
- Registered firearm owner – The registered owner of a firearm must ensure that secure storage facilities for the firearm are available at the place shown in the firearms register as the place where the firearm is generally kept.
What is the maximum penalty for Secure Storage of Weapons Offences in QLD?
- Licensees – maximum 2 years imprisonment
- Registered firearm owner – maximum fine up to $16,130
At Donnelly Law Group, our criminal lawyers have successfully defended clients facing imprisonment and criminal record convictions for firearm related offences. Seek legal advice immediately to ensure the best possible legal outcome.
Possible defence strategies for Secure Storage of Weapons Offences in Brisbane, Gold Coast & QLD
- Weapon was securely stored
- Weapon was moved due to exceptional circumstances (emergency, maintenance)
- Accused does not own or control the weapon
Modifying Construction or Action of Firearm
Under Section 62 of the Weapons Act 1990 (Qld) it is illegal to modify, possess, acquire or sell a modified firearm. This can include altering the firearms construction in a way that changes its function, such as increasing the fire capacity of a firearm or bypassing safety mechanics.
Even if you did not modify the weapon, merely possessing a modified weapon will be an offence.
What is the maximum penalty for Modifying Construction or Action of Firearm in QLD?
The maximum penalty is 4 years imprisonment.
Possible defence strategies for Modifying Construction or Action of Firearm in Brisbane, Gold Coast & QLD
- Reasonable excuse – licensed gun repair
- Firearm was not illegally modified
- Accused did not own the weapon
- Lack of knowledge – accused did not know the gun was modified
Shortening Firearms
Section 61 of the Weapons Act 1990 (Qld) states a person must not:
- Shorten a firearm
- Possess a firearm or;
- Acquire or sell a firearm that has been shortened
Even if you did not shorten a firearm, merely possessing a shortened firearm will be an offence.
What is the maximum penalty for Shortening Firearms in QLD?
The maximum penalty for shortening a firearm is a fine up to $32,260 or 4 years imprisonment.
Possible defence strategies for Shortening Firearms in Brisbane, Gold Coast & QLD
- Accused had a lawful excuse to shorten firearms
- Firearm is not shortened
- Accused does not own the shortened firearm
- Accused did not sell a shortened firearm
- Lack of knowledge
Altering Identification Marks
Altering identification marks of a weapon is a serious criminal offence in Queensland and if found guilty, can lead to imprisonment and fines. A person will be charged with altering identification marks if they:
- Deface or alter any identifying serial number or mark on a weapon or;
- Possess a weapon that has the identify serial number defaced or altered or;
- Acquire or sell a weapon with defaced or altered identification marks.
What is the maximum penalty for Altering Identification Marks in QLD?
The maximum penalty for altering, possessing, acquiring, or selling a firearm with defaced identification marks in Queensland is 4 years imprisonment.
Possible defence strategies for Altering Identification Marks in Brisbane, Gold Coast & QLD
- The identification marks on the weapon is not altered or defaced
- Accused did not possess the weapon
- Accused has a reasonable excuse (alteration performed by licensed gunsmith)
Unlawful Supply of Weapons
Under Section 50B of the Weapons Act 1990 (Qld), it is an offence to unlawfully supply a weapon to another person. This includes selling, giving, or delivering a firearm or weapon without legal authorisation.
This includes all weapons and ammunition covered under the Weapons Act 1990. Licensed and unlicensed persons can also be charged under this section.
What is the maximum penalty for Unlawful Supply of Weapons in QLD?
| Offence | Weapon Category | Maximum Penalty | Minimum Penalty (if applicable) |
|---|---|---|---|
| Unlawful supply of 5 or more weapons, with at least 1 in categories D, E, H, or R | D, E, H, R | 13 years imprisonment | 3 years imprisonment (if a short firearm is involved, served in full) |
| Unlawful supply of 5 or more weapons (if the above does not apply) | Any | 500 penalty units or 10 years imprisonment | N/A |
| Unlawful supply of a Category D, H, or R weapon | D, H, R | 500 penalty units or 10 years imprisonment | 2.5 years imprisonment (if a short firearm is involved, served in full) |
| Unlawful supply of a Category C or E weapon | C, E | 300 penalty units or 7 years imprisonment | N/A |
| Unlawful supply of a Category A, B, or M weapon | A, B, M | 200 penalty units or 4 years imprisonment | N/A |
The above table may seem overwhelming, however our expert firearm lawyers have extensive knowledge of the Weapons Act and Criminal Code. Contact us today for a free confidential consultation, you will receive legal advice and clear guidance with your firearm matters.
Possible defence strategies for Unlawful Supply of Weapons in Brisbane, Gold Coast & QLD
- Accused did not supply any weapons
- Accused is lawfully authorised to sell weapons
- Accused was unaware that they were delivering firearms
- Accused had a reasonable excuse (firearm licence expired within last 12 months)
Sale and Disposal of Weapons Offences
Under Section 36 of the Weapons Act 1990 (Qld), it is an offence to sell, transfer, or dispose of a weapon unlawfully.
A person can lawfully sell, transfer or dispose a weapon if:
- The buyer holds a valid permit to acquire the weapon, and the transfer occurs;
- Through a licensed dealer; or
- Through a police officer
What is the maximum penalty for Sale and Disposal of Weapons Offences in QLD?
| Weapon Category | Maximum Penalty |
|---|---|
| Category D, H, or R | $80,650 fine or up to 10 years imprisonment |
| Category C or E | $48,390 fine or up to 7 years imprisonment |
| Category A, B, or M | $32,260 fine or up to 4 years imprisonment |
The penalties above are the maximum penalties the courts can impose for an offence of disposing a weapon unlawfully, these penalties serve as a guideline. At Donnelly Law Group we have successfully defended clients facing firearm related offences helping them achieve reduced penalties or in some cases, having the charges dropped entirely.
Possible defence strategies for Sale and Disposal of Weapons Offences in Brisbane, Gold Coast & QLD
- Lawful disposal
- Selling of the weapon did not occur
- Weapon was not disposed
- Weapon was not transferred unlawfully
- Lack of knowledge
All Other Weapons, Firearm and Knife Offences
At Donnelly Law Group, we provide expert legal representation for all weapon related offences in Queensland. Whether your facing charges for weapons, firearms, knifes or serious indictable matters, our criminal defence lawyers understand the intricacies of the Weapons Act 1990 and the Criminal Code 1899.
No matter the circumstances, our team will provide personalised support and clear legal advice, ensuring your rights and the best possible outcome for your case. Contact us today for a free confidential consultation.
Why choose lawyers at Donnelly Law Group to defend your weapons or firearms offence?
Extensive experience handling weapons charges across Brisbane, Gold Coast & Regional Queensland
Our criminal lawyers have over 25+ years of experience handling all types of weapons offences across Queensland.
Personalised approach for all firearms offences to help achieve the best outcome for our clients
We understand that there is more to your case than the brief of evidence or allegations in a QP9. We take a personalised approach to all our clients charged with firearm offences, we learn about you and your background, ensuring we have the best defence strategy tailored to your circumstances.
Book An Appointment.
Our legal strategy for weapons or firearms offences across Brisbane & Gold Coast (QLD)
At Donnelly Law Group we take a strategic and thorough approach to weapons and firearm offences across Brisbane & Gold Coast. Our expert weapon lawyers will examine evidence and legal technicalities to develop a strong case. We advocate on our client’s behalf, working to reduce penalties and to have the charges dismissed where possible.
Initial consultation
During the initial consultation, we assess the charges against you, explain the legal process and provide you with legal options moving forward.
Case assessment
Our criminal lawyers will take a deep dive into your case, reviewing police allegations, evidence and other legal technicalities.
Developing a defence strategy
After assessing your case and reviewing the evidence, our lawyers will create a defence strategy aiming for the best possible outcome in court.
Court representation
Our experienced criminal lawyers provide strategic representation in court. We work proactively to challenge allegations, negotiate reduced penalties, or have charges dismissed, ensuring the best possible outcome for you. Whether we are negotiating a reduction of penalties or defending your case at trial, we are committed to protecting you every step of the way.
Weapons or firearms offence FAQs.
What should I do if the police want to speak to me about a weapons offence?
If the Queensland Police want to speak to you about a firearm or knife offence, you only have to give them your name, date of birth and contact details.
If they arrest you or serve you with a notice, you may also have to provide identifying particulars such as your fingerprints. They may also require you to show your licence, search you and seize your firearm.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a weapons offence lawyer?
Having defended and witnessed hundreds of firearm and knife matters in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a lawyer who specialises in weapons offences.
Our weapons lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a weapons offence lawyer often fail to identify potential defences or present mitigating factors to the court. These people frequently suffer heavier penalties as a consequence.
When should I contact a weapons offence lawyer?
If you have been charged or suspect you are under investigation for a weapons or firearm offence, contact Donnelly Law Group today.
It’s crucial that you receive expert legal advice before speaking to the police.
The sooner you contact us, the sooner we can protect your legal interests, begin working on your case and help you achieve the best possible outcome.
Call Donnelly Law Group today and book your free initial consultation with one of our expert weapons lawyers.
Will my lawyer represent me in court?
Our team of weapons lawyers at Donnelly Law Group will research, strategise and prepare your case for you. They will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers weapons offences in Queensland?
In Queensland, most weapons, firearms and knife offences are legislated under the Weapons Act 1990 and the Weapons Categories Regulation 1997.
What are the penalties for weapons offences in Queensland?
In Queensland, many factors are considered by the court when sentencing someone for weapons charges.
Most weapons offences in Queensland carry a maximum penalty of imprisonment. There are also a number of aggravating factors that may increase the severity of the penalty.
Other potential penalties for weapons offences in Queensland include a fine, bond, community service order, probation or an intensive corrections order.
If you are found guilty of a weapons offence, it will be recorded on your criminal history. However, it may be possible for a weapons lawyer to argue that no criminal conviction should be recorded. Keeping a clean criminal record helps you avoid complications when applying for jobs, travel visas, child adoption, legal aid and certain types of insurance.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Are there any legal defences to weapons charges?
How much does Donnelly Law Group charge for legal defence in weapons matters?
A lot of people believe that they cannot afford to hire an expert weapons offence lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
