WEAPONS OFFENCES

In Queensland, if you possess firearms you must hold an appropriate licence. Some other weapons also require you to hold a weapons licence. If you possess weapons, you must comply with the strict requirements relating to the registration of these weapons and their storage.

Failing to comply with registration band storage requirements for weapons and firearms can have serious consequences. Some offences require that you serve a mandatory period of imprisonment if you are convicted of that particular offence. Your weapons licence may also be suspended or revoked as a result of being charged with an offence involving the use, possession, registration or storage of weapons. Being charged with certain weapons offences will automatically revoke your weapons licence as you will not be classed as a fit and proper person to hold one. These offences include:-

  1. Possession of a weapon.

  2. Using a weapon.

  3. Discharging a weapon.

  4. Carrying a weapon.

If you require your weapons licence for work, you should seek legal advice prior to pleading guilty to a weapons offence. It is also important to seek legal advice to ensure that you are aware whether or not a mandatory period of imprisonment is required as part of your sentence.

Some examples of weapons include:-

Category A

  • Air Rifle

  • Rifle

  • Double barrel shotgun

  • Paintball gun

Category B

  • Shotgun/rifle combination

Category C

  • Semi-automatic shotgun

Category M

  • Certain knives and other handheld items (capable of causing bodily harm)

  • Crossbow

Category R

  • Machine gun

Restricted

  • Handcuffs

  • Nun chuck

  • Laser pointer

  • Billy club or baton

Possession of a weapon

If you do not hold a weapons licence and you possess a weapon requiring you to do so, you may be charged with possessing a weapon illegally.

Which Court will hear the matter?

The quantity and category of the weapon you possessed will determine which Court will hear your matter. More minor charges will be dealt with in the Magistrates Court.

What is the maximum penalty?

The maximum penalty applicable is also dependant on the category and quantity of the weapon. Penalties can range from a fine to an actual period of imprisonment.

Some weapons offences carry with them mandatory periods of imprisonment. If you use or possess a weapon in one of the following situations, you will have to serve an actual period of imprisonment:-

  1. Supplying a weapon to another person

  2. Using a weapon to commit an indictable offence.

  3. Possession of a short firearm in a public place.