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There are strict restrictions and regulations regarding the possession and ownership of firearms throughout Australia. In Queensland, all people in possession of firearms (and certain weapons) must hold an appropriate licence. Owners are required to comply with stringent regulations relating to storage and registration of their weapons.
Weapons and firearms offences are serious. The penalties range from fines to a mandatory period of imprisonment if you are convicted of certain offences. There may also be an impact on your ability to retain your weapons licence if you are charged with a weapons or firearms offence. In most circumstances, you will be at risk of losing your weapons licence, even if the offending was seemingly minor.
It is important you seek legal advice if you are charged with a weapons or firearms offence. This will ensure that you understand your rights and obligations, your options in progressing your matter, and the possible impact on your weapons licence.
Types of Weapons
A weapon is defined to be any instrument able to be used to inflict bodily harm. The definition is broad, and captures many types of weapons. In Queensland, many items are considered to be a weapon. This includes guns, knives, martial arts weapons (such as nun chucks) and cross bows.
In Queensland, weapons are separated into different categories. The categories of weapons in Queensland is as follows:-
| Category | Example of Weapons in Category |
| A | Rifles, single or double barrel shotguns, paintball guns, air rifles and powerheads |
| B | Centre-fire rifles, shotgun/rifle combinations |
| C | Semi-automatic shotguns, pump action shotguns, semi-automatic rim fire rifles |
| D | Semi-automatic centre fire rifles, semi-automatic shotguns with more than five rounds and semi-automatic rim fire rifles with more than ten rounds |
| E | Bulletproof vests |
| H | Handguns |
| M | Crossbows, certain knives and other hand held items capable of causing bodily harm |
| R | Machine guns, fully automatic large calibre military weapons. |
| Restricted | Handcuffs and thumb cuffs, nunchaku or kung-fu sticks, billy club or baton, laser pointer or any studded glove |
The items included in each category are broad. The above items are examples only.
Impact on Weapons Licence
Your ability to hold a weapons licence may be impacted if you are charged with an offence relating to possession, registration or storage of weapons.
There are some offences which will automatically result in your licence being revoked. These offences include:-
- use of a weapon;
- carriage of a weapon;
- discharge of a weapon; and
- possession of a weapon.
If you are convicted of one of these offences, you will not be considered a fit and proper person to hold a weapons licence. It is likely your licence will be revoked.
Your capacity to hold a weapons licence may be impacted if you are charged with any weapons offence. It is important you seek legal advice if you have been charged with an offence, and are concerned about the impact on your ability to hold a weapons licence.
If you have been charged with a weapons offence seek legal advice as soon as possible.
Mandatory Sentencing
There are some weapons offences that result in a mandatory period of imprisonment. The offences include:-
- If you use a firearm to commit an indictable offence;
- If you are in possession of a short firearm in a public place;
- If you supply weapons to other people.
You will be required to spend time in custody if you are convicted of an offence listed above. It is important you obtain legal advice to determine whether a period of mandatory imprisonment applies in your circumstances.
If you have been charged with a weapons offence seek legal advice as soon as possible.
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Why it’s important to get advice
There is always a range in the severity of penalty that could be imposed, even in matters where a period of mandatory imprisonment applies. The presiding Judge or Magistrate has discretion and will impose a penalty that is appropriate in your circumstances.
We can assist by ensuring the presiding Judge or Magistrate has all of the relevant information, and is aware of your particular circumstances and mitigating factors. This can result in you having a lesser penalty imposed.
If you would like legal advice about your matter, or for our office to represent you, please contact our office on (07) 4963 2000 or via our online contact form.
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