Firearm Offences
s. 50 Possession of Weapons (Weapons Act Queensland)
(1) A person must not unlawfully possess a weapon.
In Queensland, it is an offence to have possession of a weapon. A person may be charged with this offence if they have a firearm, another thing prescribed under a regulation to be a weapon, or a weapon which is temporarily inoperable. Police must prove that you had possession of a weapon defined by the Weapons Categories Regulation 1997 and did not have a licence to possess that weapon. A person must have a licence to possess most weapons in Queensland, therefore, possessing almost any kind of weapon can result in a person being charged with Unlawful Possession of Weapons.
Penalty for a Possession of a Weapon Charge
The maximum penalty for a possession of weapons offence is dependent upon the category of weapon possessed. The maximum penalties range from a $12,615.00 fine or 2 years imprisonment to 13 years imprisonment. There are many different categories of weapons; the penalty actually imposed will depend on the category of weapon and the number of weapons found. If a person is in possession of a weapon while committing another offence, they must be sentenced to a minimum penalty of between 6 and 18 months’ imprisonment in addition to any penalty they receive for committing the subsequent offence.
Unlawful Possession of Weapons charges are usually dealt with in the Magistrates Court, however, if you are charged with possession of multiple weapons, your matter may be dealt with in the District Court.
Are there any defences available to an unlawful possession of a firearm sentence?
Yes. The facts of your weapon offence case will determine which defences will be available for you. The following defences may be available to you:
- Accused was not in possession of the weapon;
- Accused did not have a weapon as defined under the Weapons Categories Regulation 1997;
- Accused had a licence to possess the weapon.
What should I do if the police want to speak to me about a possession of weapons allegation or if I am charged with assault with a weapon?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Firearm Offences Lawyer
If you are charged with a firearm offence, it is very important that you seek immediate legal advice. Our team of firearm offence lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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