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 conduct involving a weapon in public, you need specific advice and should contact Gatenby Criminal Lawyers on 5580010 for advice.
What is the Law?
2) A person must not, without reasonable excuse, carry a weapon exposed to view in a publice place.
3) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged.
4) A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place.
What is a ‘Public Place’?
A public place is defined as any place or premises that a member of the public can access. This can include vehicles in public places, and membership facilities such as gyms.
What About a “Reasonable Excuse”?
It is not a reasonable excuse to have a weapon for self-defence purposes.
The Court will also consider the nature in which the weapon was carried, whether it would cause a reasonable person to be concerned.
What the Prosecution Must Prove
2) Exposed to View
- You physically possessed the weapon;
- The place is a public place;
- A member of the public viewed the weapon; and
- You had no reasonable excuse to possess the knife.
3) Loaded Firearm
- You physically possessed the firearm/weapon;
- The place is a public place;
- The firearm/weapon was loaded; and
- You had no reasonable excuse to possess the weapon.
4) Discharge a Weapon
- You physically possessed the weapon;
- The place is a public place;
- You discharged the weapon in, into, towards over or through the public place; and
- You had no reasonable excuse to possess the weapon.
The Crown is required to prove all of the above elements. However, it is the defendant’s job to raise a reasonable excuse or justification.
Possible Penalties
2) Exposed to View
The maximum penalty for this offence is 40 penalty units or 6 month’s imprisonment.
3) Loaded Firearm
The maximum penalty for this offence is 120 penalty units or 2 year’s imprisonment.
4) Discharge a Weapon
The maximum penalty for this offence is 200 penalty units or 4 year’s imprisonment.
What Court Will I Be In?
This offence is a summary matter, 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.