Weapons and Firearms Offences in Queensland
Facing a weapons or firearms offence in Queensland is a serious matter that can carry lasting legal and personal consequences. Even if no one is harmed, being found guilty of a weapons offence can result in prison time, a criminal record, the loss of your weapons licence and a long-term impact on your employment, travel and reputation.
The law surrounding weapons in Queensland is complex, with strict rules covering possession, use and storage. Even a momentary lapse, such as forgetting to properly store a licensed firearm, can result in criminal charges. If you have been charged with a weapons offence, engaging a criminal lawyer promptly can help you understand your charges, navigate police interviews and give you the best chance of a positive outcome.
David Cole has extensive experience representing clients facing a wide range of weapons and firearms charges. From minor knife possession to serious firearm offences involving allegations of public danger, David understands how to analyse the facts, challenge the prosecution’s evidence and defend your rights. Contact David immediately on 0407 322 955 to discuss your matter.
Penalties for Weapons Offences in QLD
Below is a summary of the most common offences and their maximum penalties.
| Offence | Maximum Penalty |
|---|
| Unlawful possession of weapon |
7 years imprisonment |
| Possession of a knife in public |
1 year imprisonment |
| Possession of unregistered firearm |
10 years imprisonment |
| Public place firearm offences |
10 years imprisonment |
| Going armed to cause fear |
2 years imprisonment |
| Dangerous conduct with weapon |
7 years imprisonment |
| Possession or use under influence (drugs/alcohol) |
2 years imprisonment |
| Secure storage of weapons offences |
2 years imprisonment |
| Modifying construction or action of firearm |
10 years imprisonment |
| Shortening firearms |
10 years imprisonment |
| Altering firearm identification |
10 years imprisonment |
| Unlawful supply of weapon |
10 years imprisonment |
| Sale and disposal of weapons offences |
10 years imprisonment |
View a detailed breakdown of these offences by clicking a heading to expand:
Unlawful possession of a weapon is one of the most commonly charged offences in Queensland. This applies when a person is found with a weapon but does not hold a current licence or has breached a condition of their licence.
Possession includes having a weapon on your person, in your car or stored at your residence without proper authorisation. Even if the weapon belongs to someone else, you may still be charged if it is under your control or found in your presence.
Maximum Penalty for Unlawful Possession of a Weapon
The maximum penalty is up to 7 years' imprisonment. However, the sentence can vary depending on the type of weapon, prior criminal history and the context in which the weapon was found.
It is an offence to carry a knife in a public place or school unless you have a reasonable excuse. Common lawful reasons may include use for work, participation in a sporting activity, or cultural purposes.
This offence can apply even if the knife was not used or brandished, possession alone can be sufficient to be charged.
Maximum Penalty for Possession of a Knife in Public
The maximum penalty is 1 year imprisonment.
In Queensland, firearms must be registered and the owner must hold a valid firearms licence. Possessing an unregistered firearm, even if it is not loaded, is considered a serious offence. The law also applies to antique, replica or modified firearms.
Maximum Penalty for Possession of an Unregistered Firearm
The maximum penalty is 10 years' imprisonment.
Carrying a firearm in a public place is a serious criminal offence, regardless of whether it is loaded or used. Even having a firearm in a vehicle parked in a public place may result in charges. This offence is treated seriously due to the potential threat to public safety.
Maximum Penalty for Public Place Firearm Offences
The maximum penalty is 10 years' imprisonment.
This offence applies when someone carries or uses a weapon in a way that causes or is likely to cause fear to others. It focuses on the manner of conduct and intent behind having the weapon in public. Even if the weapon is not used, presenting it in a threatening way may be enough to trigger this charge.
Maximum Penalty for Going Armed in Public
The maximum penalty is 2 years' imprisonment.
Dangerous conduct includes discharging or handling a weapon in a reckless or unsafe manner. This may include firing a weapon into the air, using it to intimidate someone, or mishandling a firearm around others. The charge does not require an injury to occur as it focuses on the potential danger created.
Maximum Penalty for Dangerous Conduct with a Weapon
The maximum penalty is 7 years' imprisonment.
It is an offence to possess or use a weapon while affected by drugs or alcohol. This is because intoxication reduces judgment and increases the risk of harm to yourself and others.
Police do not need to prove you were behaving dangerously; the combination of a weapon and intoxication is enough to result in a charge.
Maximum Penalty for Possession or Use Under the Influence
The maximum penalty is 2 years' imprisonment.
Queensland law requires firearms and other regulated weapons to be stored in a secure manner. If you fail to comply with storage requirements, such as keeping ammunition separate or locking firearms in approved safes, you can be charged. This offence is often detected during inspections or investigations into unrelated matters.
Maximum Penalty for Secure Storage Offences
The maximum penalty is 2 years' imprisonment.
Altering a firearm to increase its firepower, concealability or rate of fire is a criminal offence. Modifications can include shortening barrels, converting firearms to fully automatic or changing the firing mechanism. These modifications are viewed as increasing the potential for unlawful use and are treated seriously.
Maximum Penalty for Modifying Firearms
The maximum penalty is 10 years' imprisonment.
Removing or changing the serial number or identification on a firearm is a serious offence. These actions are often associated with attempts to avoid police detection or conceal the weapon’s origin. Tampering with identification is treated as a deliberate act to deceive authorities.
Maximum Penalty for Altering Identification Marks
The maximum penalty is 10 years' imprisonment.
Supplying, gifting or selling a weapon without proper authority or licensing is an offence. This includes informal transactions between friends or family. The law applies to both firearms and other regulated weapons, and applies regardless of whether payment is involved.
Maximum Penalty for Unlawful Supply of Weapons
The maximum penalty is 10 years' imprisonment.
Selling or disposing of a weapon without compliance with the Weapons Act is an offence. This includes selling to unlicensed persons or through unauthorised channels. Proper procedures must be followed, including notifying the relevant authorities and ensuring the buyer is properly licensed.
Maximum Penalty for Sale and Disposal of Weapons
The maximum penalty is 10 years' imprisonment.
Our Process
Navigating a weapons offence charge can feel overwhelming, especially if you’ve never been involved with the criminal justice system before. David Cole takes a clear, step-by-step approach to help you understand what’s happening and what to expect next. His goal is always to achieve the best possible outcome for his clients.
Why Choose David?
David Cole is an experienced criminal lawyer with a long history of successfully representing clients facing weapons and firearms offences in Queensland.
With over 25 years of dedicated criminal law practice, David has built a reputation for clear communication, strategic thinking and strong courtroom advocacy. He understands how the justice system works, from police interviews through to sentencing and uses that insight to protect his clients' rights at every step.
He has appeared in Magistrates, District and Supreme Courts across the state and focuses primarily on criminal defence, including weapons offences, drug charges, assault matters and more. David’s extensive experience means he stays current with the latest developments in weapons legislation, case law and police procedure. Whether the charge is minor or serious, David provides practical advice and a strong defence aimed at achieving the best possible outcome.
If you’re facing a weapons or firearms charge, contact David Cole now for advice. Call 0407 322 955 or visit the contact page to book a confidential consultation.
Possible Defences to Weapons Charges
Some of the more common legal defences to weapons charges in Queensland include:
- The accused did not have actual possession or control of the weapon
- The accused held a valid weapons or firearms licence at the time
- The item in question does not meet the legal definition of a weapon under the Weapons Categories Regulation 1997
- Mistaken identity or someone else was in possession of the weapon
- The weapon was being used for a lawful purpose (e.g. work-related activity or sport) and within legal limits
- Administrative error such as outdated or incorrect licensing records
Note: In Queensland, self-defence is not recognised as a lawful excuse for possessing a weapon without a licence. Even if you were carrying a weapon for personal protection, this does not exempt you from criminal liability. Possession alone is enough to be charged under the law.
Each case turns on its own facts and the viability of any defence depends on the evidence. Speaking with an experienced criminal lawyer will help determine the most appropriate strategy in your situation.
Bail and Weapons Charges
Being charged with a weapons offence in Queensland does not guarantee you will be granted bail. In fact, depending on the nature of the charge, the court may view you as a potential risk to public safety or non-compliance. Bail is never automatic, particularly in cases involving serious weapons charges, prior convictions or allegations of violence.
Police have the authority to refuse bail at the time of your arrest. If that occurs, you will need to apply for bail in court. This is a critical stage where the assistance of a criminal lawyer is essential. A well-prepared bail application can improve your chances of release and minimise the conditions imposed.
Courts consider a range of factors when deciding on bail, including:
- The seriousness of the offence
- Your criminal history
- Whether you are likely to reoffend
- Whether you pose a threat to the public
- Your ties to the community and likelihood of appearing at future court dates
Strict bail conditions are often imposed for weapons charges. These may include surrendering all weapons, complying with a curfew, reporting to police, avoiding licensed venues and people involved in the matter, or residing at a specific address. Your lawyer can advocate for reasonable and appropriate conditions based on your circumstances.
In some cases, having a previous weapons conviction or being on bail for another offence can make it harder to secure release. However, each case is assessed on its merits, and your lawyer can work to present a compelling case for why you should be granted bail.
Police Powers
Police have broad powers when investigating suspected weapons and firearms offences in the state of Queensland. These powers are set out under the Police Powers and Responsibilities Act 2000 (Qld) and are designed to support public safety while enabling effective law enforcement.
If you’re suspected of a weapons offence, police have the power to:
- Demand identification: Officers can lawfully ask for your name and address, as well as the details of anyone with you. Refusing to provide this information, or giving false details, is an offence in itself.
- Ask to see your weapons licence: If you're in possession of a weapon, you may be required to produce your licence.
- Search you, your vehicle or property: If police reasonably believe you are carrying or concealing a weapon, ammunition or other dangerous item, they may stop, detain and search you without a warrant.
- Make an arrest without a warrant: If reasonably necessary, police can arrest you without a warrant in order to preserve evidence, prevent harm, or ensure compliance with the law.
In urgent situations, such as when someone is believed to be an immediate threat with a weapon, police are also empowered to:
- Enter private property without a warrant
- Detain people at the scene
- Search individuals and premises
- Seize firearms, ammunition or other dangerous items
These powers are exercised to protect the public and respond quickly to potentially dangerous situations. However, there are limits on how and when police can use them. If you believe your rights were breached during an investigation, it’s important to get legal advice as soon as possible.
Frequently Asked Questions
You should speak to a lawyer before answering any questions. Other than confirming your name, date of birth and address, you are not legally required to answer police questions. Anything you say can be used as evidence. A criminal lawyer can advise you whether to participate in an interview and how to protect your legal rights.
Yes. Weapons charges can result in serious penalties, including prison time and loss of your weapons licence. A criminal defence lawyer can explain the charges, advise you on your options and help build a defence aimed at securing the best possible outcome.
As early as possible. If you're under investigation or have already been charged, early legal advice can shape the direction of your case and help you avoid serious mistakes during interactions with the police.
Yes. Your lawyer can appear in court on your behalf and guide you through the legal process. For some early court dates (such as mention hearings), your lawyer may be able to attend without you.
Weapons offences fall under the Weapons Act 1990 (Qld) and the Criminal Code Act 1899 (Qld). These laws cover possession, use, storage, sale, and manufacture of firearms, knives and other restricted items.
A weapon includes firearms, knives, crossbows, imitation guns, martial arts items and even some household objects if they are used or intended to be used in a dangerous or unlawful way. Weapons are categorised under Queensland law according to their type and level of risk.
Unlawful possession means having a weapon without the required licence or authority, or possessing it in a prohibited location or manner. Even if you didn’t intend to use it, simply having a weapon in your car or at home can be enough to face a charge.
Yes. Being charged with a weapons offence can result in the immediate suspension or cancellation of your licence. A conviction may also prevent you from obtaining a licence in the future.
Carrying a weapon in public, especially in a school, licensed venue or crowded area, is treated as a serious offence. Even if the item isn’t used, you can be charged based on possession alone.
The prosecution must prove you knowingly possessed or had control over the weapon. If you didn’t know the item was there or it wasn’t yours, this may be a defence. Legal advice is essential to explore this properly.
Penalties vary depending on the type of offence. They can include fines, community service, disqualification from holding a weapons licence and prison, in some cases for up to 10 years. Aggravating factors like repeat offending or public safety risks can increase the severity.
Absolutely. David Cole represents clients across Queensland. Advice can be provided by phone or video call, and representation can be arranged in regional or remote courts where needed.