Possession of Weapons

“A person must not unlawfully possess a weapon.”

Our experienced criminal law solicitors have prepared a brief overview of the law relating to weapons in Queensland.

If you or someone you care about is facing a charge of possessing a weapon, you need specific advice and should contact Gatenby Criminal Lawyers on 5580010 for advice.

What is A Weapon?

The Weapons Act defines a weapon as a firearm, or another thing said under regulation to be a weapon. See here for a list of the weapon categories.

Examples of Prohibited Acts

  • Having a pistol on your person, whether holstered or in a backpack
  • Driving in a public place with a rifle on the back seat or even your boot
  • Storing a shotgun in the toolshed without a licence or lawful reason

The above are simply examples and are not exhaustive of all situations.

What the Prosecution Must Prove

  1. You possessed the weapon;
  2. The weapon is defined under the regulations (see categories); and
  3. You were not authorised to possess the weapon.

The Crown is required to prove all of the above elements.

Possible Penalties

Offence Maximum Penalty
Possession of 10+ weapons, with 5+ Category D, E, H or R weapons 13 Years Imprisonment
10+ weapons 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

What Court Will I Be In?

Possession of weapons is a summary charge, and will be heard and determined in the Magistrates Court.

For specific legal advice relating to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.