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Firearms & Weapons Offence Queensland
Queensland weapon offences and firearms lawyers
If you’re facing weapons charges in Queensland, you’re likely worried about your future, your job and your reputation.
Our expert criminal lawyers – based in Brisbane, Cairns and the Gold Coast – break down what you need to know.
Call us if you're facing a firearms and weapons charge
At Osborne Butler Lawyers, we’re experienced in defending all types of firearm and weapon charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Whether it’s a minor scuffle or a more serious allegation, we’re here to help.
Use the form to ask us anything. We’ll respond in 24 hours.
Queensland weapon offences and firearms lawyers
What are firearm and weapon offences in Queensland?
In Queensland, a person can be charged with a weapon offence for a wide range of conduct, from possessing an unlicensed firearm to carrying a knife in public without a lawful reason.
The key legislation is the Weapons Act 1990 (Qld), which regulates who can own, use, carry and store firearms and other weapons.
Queensland’s laws are among Australia’s strictest, giving police broad powers to investigate and charge suspected offenders, and penalties increase sharply depending on the type of weapon involved.
Even unintentional breaches can lead to serious charges because of the strict licensing and storage requirements for firearms in Queensland.
Types of firearm and weapon offences in Queensland
The Weapons Act 1990 (Qld) groups weapons into several categories, each carrying different obligations and potential penalties.
Category A and B weapons include most rifles, air guns and shotguns.
Category C weapons include some semiautomatic rifles and shotguns or pump action shotguns.
Category D weapons include some self-loading rifles and shot guns.
Category E weapons include bulletproof vests and body armour.
Category H weapons include handguns under 75cm in length.
Category M weapons include flick knives, star knives, flame-throwers, crossbows and knuckle-dusters.
Category R weapons include machineguns and submachine guns, tasers, stun guns, hand grenades and antipersonnel devices.
Other weapons identified as restricted items include handcuffs, thumb-cuffs, nun-chucks, batons, laser pointers and any replica firearms.
Common weapons offences
In Queensland, common weapons offences include:
- Possessing or using a firearm without a licence
- Failing to store a firearm securely
- Lending or selling a firearm to an unlicensed person
- Modifying or altering a firearm
- Carrying a replica weapon in public
- Carrying a knife in a public place
- Going armed with a firearm in a public place in a way that would cause a person to be fearful
- Discharging a firearm in a public place.
It is an offence to acquire a weapon unless you have a permit and you acquire it through a licensed dealer.
It is also an offence in Queensland to sell a weapon, except to or through a licensed dealer. Depending on the category of weapon, maximum penalties range from 6 months to 2 years imprisonment.
Under the Criminal Code, several offences are considered ‘aggravated’ – or more serious – where a weapon is involved.
For example, where an assault occasioning bodily harm involves a weapon, it is considered ‘aggravated assault occasioning bodily harm’ and the maximum penalty increases from 7 years to 10 years imprisonment.
Types of firearm and weapon offences in Queensland
A Qld firearms licence usually permits you to own and use single-shot and manually-operated rifles and shotguns. In certain cases, it may also allow you to possess semi-automatic rifles and shotguns. However, you must first justify why you need this weapon and provide supporting evidence.
To obtain a gun licence in Queensland, you must:
- be over 18
- have successfully completed a firearms safety training course in the past 12 months
- have secure gun storage
- prove you are a fit and proper person
- have a genuine and legal reason for owning a gun – for instance, recreational or target shooting, firearms collecting or as a requirement of your occupation.
Weapons licences and domestic violence
If you’re the subject of a domestic violence temporary protection order, your weapons licence will be suspended. If the court then makes a final DV protection order against you, your licence will be cancelled and you must surrender any weapons and their licences to the police within one day.
You can’t apply for a new weapons licence for five years from the date of the order.
Penalties for firearm and weapon offences in Queensland
In Queensland, penalties for weapons offences vary widely depending on the category of weapon, whether it is registered or licensed, and the circumstances of the offence.
Typical penalties include:
- Fines of several thousand dollars for minor possession breaches
- Imprisonment of up to 13 years for serious offences involving possessing prohibited firearms
- Mandatory minimum sentences for certain repeat or aggravated offences, and
- Forfeiture of weapons and licences, including possible prohibition orders preventing future ownership.
Courts treat firearm offences harshly because of their potential risk to public safety.
Even technical or paperwork-related breaches can result in convictions and can have a lasting impact on your employment, potential to obtain security clearances and licensing rights.
What should you do if you're charged with a firearm or weapon offence in QLD?
If police have contacted you or charged you with a weapons offence, it’s important that you take the following steps.
- Do not make statements to the police. Always consult a lawyer for advice before speaking, unless it’s simply to provide your name and address, etc.
- Contact a criminal defence lawyer immediately. Osborne Butler Lawyers can liaise with police, review the evidence and protect your rights.
- Provide your lawyer with any licensing documents or relevant correspondence or documents. This often plays a key role in defending or reducing a charge.
- Avoid social media or public comments about the incident. Don’t say anything publicly about the incident, and use discretion when having private conversations.
Time is critical in weapons cases
Evidence can be lost, witness memories fade and police may attempt to conduct interviews or searches while you’re unrepresented.
Police often push for statements within the first 24–48 hours of an arrest. The earlier you get legal advice, the more options we have to protect your interests, challenge evidence, and negotiate with prosecutors before charges are formally laid.
Waiting to “see what happens” can mean missed opportunities to:
- Prevent charges from being laid in the first place
- Secure better bail conditions
- Preserve crucial evidence
● Avoid saying something to police that will be used against you later.
When should you contact a criminal defence lawyer?
Our expert firearms and weapons lawyers based in Brisbane, Cairns and the Gold Coast are available for urgent consultations, including after-hours for people in custody or facing immediate court dates.
Don’t wait. Contact us immediately if:
- You’re being investigated for possession or use of a weapon
- Police have executed a search warrant or seized firearms from you
- You’ve been charged under the Weapons Act 1990 (Qld)
- Your firearms licence has been suspended or you have received a prohibition order
- You need to apply for the return of seized property or a licence review
Call Osborne Butler Lawyers for immediate help
Weapons charges are never minor. They can affect your reputation, employment and ability to hold a licence for years to come.
If you’re facing a firearm or weapon offence in Queensland, contact Osborne Butler Lawyers today.
Our experienced criminal defence team will explain your options, represent you in court and work to achieve the best possible result.
[CTA] If you or someone you care about is being investigated or charged with a firearm or weapons offence in Queensland contact Osborne Butler Lawyers immediately for expert legal advice and defence.
Frequently asked questions about Weapon Offences in Queensland
Is it illegal to carry a knife in public in Queensland?
Yes, unless you have a lawful excuse (such as for work or recreation). Carrying a knife for self-defence is not a lawful reason to possess one under the Act.
Can I own a gun in Queensland with a criminal record?
It depends on the nature of the offence. Certain convictions automatically disqualify a person from holding a weapons licence for up to 10 years.
What happens if my firearm is not stored properly?
Improper storage is an offence even if the firearm is registered. Penalties range from fines to imprisonment, and licence suspension is common.
Can charges be dropped for a weapons offence?
Yes. If the evidence is weak or police did not follow correct procedure, your lawyer can seek to have charges withdrawn or reduced.
What happens at my first court appearance for a weapons charge?
Your first appearance is usually a mention hearing where the magistrate will hear the charges, you’ll enter a plea (guilty or not guilty), and the court will set dates for the next steps. You don’t need to make final decisions on that day but having a lawyer present ensures your rights are protected. A good criminal lawyer may even be able to have the matter adjourned while they review the evidence and negotiate with police.
How long does a weapons case take to resolve in Queensland?
Simple matters can be resolved in weeks. However, contested charges may take 6–12 months or longer. The timeline depends on factors like the strength of evidence, whether you plead guilty and court availability. Getting early legal advice can significantly speed up the process.
Will I go to jail for a first-time weapons offence?
Not necessarily. For first-time offenders with minor breaches (like improper storage or paperwork issues), courts may impose fines, good behaviour bonds or community service orders instead of imprisonment. However, serious offences involving prohibited firearms or threatening behaviour carry a real risk of jail time, even for first offenders.
Can police search my home without a warrant for weapons?
Generally, police need a warrant to search your property. However, they have broader powers if they reasonably suspect you possess illegal weapons or if there’s an immediate threat to safety. Never consent to a search without speaking to a lawyer first, and always ask to see the warrant.
What's the difference between a weapons licence suspension and a prohibition order?
A suspension is temporary: your licence is paused pending investigation or court proceedings, but may be reinstated. A prohibition order bans you from possessing weapons, sometimes for 10 years or life, depending on the offence. Prohibition orders are very serious and should be challenged with legal representation.
Can I travel interstate or overseas while facing weapons charges?
It depends on your bail conditions. Some charges come with travel restrictions, while others don’t. If you need to travel for work or family reasons, your lawyer can apply to vary your bail conditions. Never travel without checking your bail paperwork.
Police seized my firearms. Can I get them back?
Possibly. If charges are dropped or you’re found not guilty, you can apply for the return of your property. However, if the firearms were stored improperly or you’re convicted, they may be forfeited permanently. Your lawyer can lodge applications for return of property and negotiate with police on your behalf.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
Fixed Price Costing
We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
Your Privacy Is Our Priority
You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
If you or someone you care about is facing a firearms and weapons charge in Queensland, contact Osborne Butler Lawyers immediately for expert legal advice and defence.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
