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Firearm & Weapons Offences QLD
Unlawful possession of a weapon is a serious charge in Queensland.
Under Section 50 of the Weapons Act 1990, weapons offences relate both to possession, storage and licensing.
In Queensland, it is unlawful to:
- Be in possession of a weapon without the appropriate licence.
- To improperly store a weapon, even if the weapon is lawfully possessed.
In Queensland, these matters are heard in the Magistrates’ Court. To be convicted of a weapons offence, the prosecution must be able to prove:
- That you were in possession of an object that has been defined as a weapon in the Weapons Act
- That you had no licence to possess that weapon, or
- That you improperly stored the weapon.
Under the law, ‘possession’ can mean physically holding the weapon. It can also be established based on the weapon being somewhere that relates specifically to you, such as in your home or car if you are the only one with a key.
An example of an improper storage offence may be failing to secure a firearm in a safe.
If you are convicted, the penalty you receive will reflect the seriousness of the offence, the number of weapons, and the category of the weapon(s).
For weapons-related offences, the maximum penalty is prison and a sentence of between 2 to 13 years may be applied.
Weapons offences become more complicated if they also relate to another offence. For example, if a crime of armed robbery has been committed and an unlawfully possessed weapon was involved, then an additional mandatory penalty may apply.
Smith Criminal Law: Your Experienced Criminal Lawyer for Weapons Charges
Under Queensland law, weapons charges carry serious penalties. Don’t wait until it’s too late to find out what that means for you.
At Smith Criminal Law, we can talk you through what to expect and help build a solid argument for your case.
If you need to plead guilty or are found guilty, we can argue for leniency when it comes to sentencing. If suitable, our skilled lawyers can argue a case for lesser penalties such as probation, community service, or an Intensive Corrections Order.
If your penalty does not involve prison, an argument can be made to avoid having a conviction recorded against your name.
To understand the processes ahead of you – and how to best approach them – contact Smith Criminal Law today. We will fight tenaciously to ensure you achieve the best possible outcome for your case.