Weapons Act 1990 (Qld)
Weapons charges can carry with serious penalties depending on the offence the accused has been charged.
It’s recommended that speak with an experienced criminal lawyer as soon as possible to represent your rights in court and give you the best possible outcome. Read on for more information regarding the types of weapons offences, penalties and defences.
Offences
Weapons Offences are contained within a number of pieces of Queensland Legislation including the Weapons Act and the Explosives Act. The offences range from the possession of explosives and weapons through to offences under the Criminal Code of going armed to cause fear. There are also offences of failing to secure weapons even though a person may be lawfully in possession of them.
Particular offences include:
- Possession of weapons
- Possession of unregistered firearms
- Unlawful supply of weapons
- Possession of a knife in a public place or a school
- Particular conduct involving a weapon in a public place prohibited
- Dangerous conduct with weapon prohibited generally
- Possession or use of weapon under the influence of liquor or a drug prohibited
- Secure storage of weapons
- Lost or stolen weapons
- Shortening firearms
- Modifying construction or action of firearms
- Altering identification marks of weapons
- Obtaining weapons by deceit
- Unlawful trafficking in weapons
- Possessing and acquiring restricted items.
Weapon Categories
Offences and their penalties vary depending based on the category of weapon. If you are unsure about the category of weapon, we have compiled the current classifications here.
Penalties
The penalties imposed vary dependant upon the seriousness of the misconduct and the nature of the weapon. In relation to some charges in this class, there is also an option for an accused to be declared a serious violent offender, which requires the person to serve 80% of the sentence imposed.
Defences
There are a number of defences that are available to many of the charges in this broad category, depending on the nature of the charge. There are also numerous elements the prosecution required to prove in respect of possession and the like. It is prudent to obtain advice in relation to relevant defences specific to the facts of your case.
Court
In many instances, the offences at the lower end of the range are dealt with before a magistrate, however, in relation to more serious allegations the district court will finalise the charge.
Gatenby Criminal Lawyers
Gatenby Criminal Lawyers regularly appear in courts in relation to weapons offences. We can provide you with advice as to prospects of success at trial, defences available and likely sentencing range. Contact us today to discuss your matter.
For specific legal advice relating to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.