Queensland’s Weapons Act is strict and unforgiving. The law governs not just firearms, but knives, tasers, pepper spray, martial arts weapons, and antique replicas.
Common Weapons Charges
- Unlawful Possession of a Weapon: Ranging from possessing a pocket knife in a public place to holding unregistered Category H (handguns) or Category R (military-style) firearms.
- Dangerous Conduct with a Weapon: Discharging or displaying a weapon in a manner that causes fear.
- Failing to Secure a Firearm: Strict liability offences regarding the safe storage of legally owned guns.
License Revocations
If you are charged with a weapons offence, domestic violence offence, or certain drug offences, Police will immediately suspend or revoke your Weapons Licence and seize your firearms. We represent clients in QCAT to successfully appeal the revocation of their Weapons Licences.
Contact our criminal defence lawyers to discuss your case.
Penalties in Queensland
Queensland regulates weapons through the Weapons Act 1990 and its regulations. Unlawful possession of a weapon can attract up to 2 years imprisonment, while offences involving restricted items, unregistered firearms, or possession in aggravating circumstances (including for use in crime) escalate sharply - trafficking in firearms is among the most serious offences on the statute book. Charges frequently travel with related counts: unregistered weapon, unlicensed possession, and unsafe storage.
Common Charges We Defend
- Unlicensed possession or use - including situations where a licence expired or lapsed without the holder realising.
- Unregistered or prohibited weapons - tasers, batons, knuckledusters and certain knives are “restricted items” many people do not realise are regulated.
- Unsafe storage - a single inspection finding can lead to charges plus forfeiture of an entire lawfully-held collection.
- Domestic violence-related removals - interim orders can require immediate surrender; we act quickly to protect licences and property.
How We Approach Weapons Matters
We examine the search itself: was the warrant valid, was the search lawful, was the “weapon” correctly classified? We then deal with licensing consequences (including QPS weapons licensing reviews) alongside the criminal charge - both matter to farmers, shooters and collectors.
My licence lapsed by accident - am I still guilty?
Strict liability applies to licensing offences, so intent is not an element. However, an honest and immediate mistake, voluntary surrender and a clean record are powerful submissions for diversion, no conviction orders, or penalty reductions.
Can I get my weapons back after a charge?
Sometimes. Seized weapons are often held pending outcome. We make applications for return where charges are withdrawn, dismissed, or where the law permits retention.
Related FAQs & Guides
- What are my rights when arrested in Queensland?
- Summary vs indictable offences explained
- Criminal charges: the full process
For advice specific to your situation, contact our Gold Coast team on (07) 5532 8777.
