Weapon And Offences Lawyer Townsville
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Expert Firearm Legal Advice
Queensland has strict regulations regarding firearms and a licence is required before you can legally own one. Firearm licences are issued by the Queensland Police Service, which has a weapon licensing division dedicated to this purpose.
You can apply for a firearm licence with an approval contingent on the following factors:
- Recreational, target, or sports shooting
- Weapon collecting
- Military re-enactment or required for your occupation
It must be noted that the law recognises different types of firearms. If you have a licence for a particular category, you cannot possess weapons listed under other categories.
Here is a list of some weapons in various categories:
- A – this category includes all shotguns except self-loading, pump and lever-action ones, as well as rimfire and air rifle.
- B – a shotgun with lever-action and up to a five-round capacity, and a centre-fire rifle.
- C – a rimfire rifle that is semi-automatic and whose capacity doesn’t exceed 10 rounds, and pump-action and semi-automatic shotguns with up to a five-round capacity.
- D– semi-automatic shotguns with a capacity of over five rounds, and a semi-automatic centre-fire rifle with a capacity that exceeds ten rounds.
- E – bulletproof vests
- H – handguns
- M – handheld weapons like knives and crossbows that might cause bodily harm.
- R– large calibre military firearms that are fully automatic, and machine guns.
Applicants must be at least 18 years old, have a valid reason for owning a gun and complete safety training. Additionally, criminal and health records assist to determine whether one is “fit and proper” to own a firearm.
What Is Considered an Illegal Weapon?
In Queensland, the Weapons Act outlines a wide range of items that may be considered illegal when possessed, carried, or used without proper authorisation. These include firearms, certain types of knives, imitation weapons, and objects modified to function as weapons. Even lawful weapons can become unlawful if used in a threatening, unsafe, or prohibited manner.
The classification of a weapon as illegal can depend on factors such as its category, modifications, and how it is stored or transported. In some cases, individuals may be unaware that possession of an item is restricted or that their licensing obligations have changed. Legal advice can help clarify whether a charge falls under firearm offences in Townsville or another category under Queensland law.
What If You Own A Gun Without A Licence?
The Weapons Act states that you should not possess a weapon without a licence. It is important to note that you can be charged even if the weapon is inoperable.
Penalties for unlawful possession of a weapon are wide-ranging and can include fines and actual jail time.
Apart from unlawful weapon possession, you might face other charges related to firearms.
Some of these charges include mandatory jail time, including:
- Being apprehended in a public place while carrying a short firearm without a valid justification.
- Possessing a firearm during the commission of an indictable offence or the intention of doing so.
If you unlawfully own a weapon while committing an unrelated offence, you could face a mandatory jail sentence of up to 18 months.
Gel Blasters - What are Gel Blasters?
The increased interest in the hobby sport of collecting and using gel blasters has created a large legal interest. Inappropriate use of these ‘TOYS’ have led to criminal investigations and criminal charges for a variety of offences.
Gel blasters look identical to various handguns, shotguns and rifles from around the world. The color, size and detail of these gel blasters make it difficult for anyone, including trained professionals, to note the difference between a toy and a real firearm.
What is a Gel Blaster?
A Gel Blaster, gel gun, gel marker or hydro blaster are all legally classified as toys, which are manufactured to resemble common firearms from around the world. However, instead of firing a bullet, they fire a 6-8mm super absorbent water bead which are often sold commercially as moisture retainers for gardening.
Legislation
From 1 February 2021 new laws were introduced into Queensland which govern the use and possession of gel blaster toys. One of the main points amended was the use or possession of gel blasters in public places. Because of the realism of these toys the concern for public alarm was the focus for the changes.
Offences
Inappropriate use of a gel blaster could take many forms however the most common offences, post 1 February 2021 have been:
- s57 - Particular conduct involving a weapon in a public place prohibited – Weapons Act 1990
- s58 - Dangerous conduct with weapon prohibited generally – Weapons Act 1990
Examples of the above offences include walking in public with a gel blaster on display, not concealed in a bag/box out of sight or firing a gel blaster in public.
The following significant offences could be as a result of pointing, discharging or threatening the use of a gel blaster on another person without permission or causing them injury;
- s75 – Threatening Violence – discharge firearms – Criminal Code;
- s339 – Assault Occasioning Bodily Harm – Criminal Code;
- s320 – Grievous Bodily Harm – Criminal Code.
Likely penalties for a person who is found guilty of an offence where a gel blaster was used, may receive a monetary penalty or a community based order.
If you or someone you know has been charged with an offence involving a gel blaster, the team at Anderson Telford Lawyers can provide you with the legal advice and representation you require.
Possessing A Pocketknife
That’s not a knife, this is a KNIFE….
Did you know, in some circumstances you could be charged with a criminal offence for possessing a pocketknife while in public.
The Weapons Act 1990 outlines the offence:
s51 Possession of a knife in a public place or a school
- (1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.
- Maximum penalty—40 penalty units or 1 year’s imprisonment.
But what is a Reasonable Excuse?
The Weapons Act 1990 provides a number of examples of what is considered reasonable, these include:
- A person may carry a knife on his or her belt for performing work in primary production.
- A fisher may carry a knife for use while fishing
- A person may use a knife to prepare or cut food at a picnic in a park
When considering a reasonable excuse, the court must consider the context and circumstances of the possession. This means if you provide police with the excuse of possessing the knife for fishing, the court will consider if you also had a fishing rod, tackle box or bait with you at the same time. If not, you might be convicted of the offence.
Possessing a swiss army knife in public may also be considered a reasonable excuse if it is used for its normal utility purposes – using the scissors, screwdriver, nail file, tweezer or the knife.
However, if the possession of the swiss army knife or any knife is for the purposes of self-defence, this is considered not to be a reasonable excuse. Self-defence has been expressly excluded under the
Weapons Act.
Is a Car a Public Place?
Yes. However, like above, the court must consider where the knife was located.
For example, a knife located in a toolbox in the tray of a utility vehicle, could NOT be deemed as "physical" possession, however, if it was located on the dashboard directly in front of the driver’s seat, or in any area that allows immediate possession then the situation would be very different.
This position was clarified with the amendment of the offence within the Weapons Act 1990 to include;
Public place includes a vehicle that is in or on a public place.
So, if you have been caught in public with your trusty swiss army pocketknife, the team at Anderson Telford can assist you with the legal advice you require.
How Anderson Telford Lawyers Can Help
Facing charges involving firearms or dangerous weapons can have serious consequences. The laws in Queensland are detailed and often complex, and outcomes may depend on how the case is presented in court. In these situations, it is important to have clear guidance about the legal process and the options available to you.
Our team assists people in Townsville with matters involving firearm offences in Townsville by:
- Providing initial advice: Guidance from the first call about what steps to take and what to avoid if you have been questioned or charged.
- Being available when needed: A 24/7 Crime Line offers access to legal support outside of regular office hours.
- Reviewing the circumstances of the charge: Looking at how the weapon was stored, licensed, or carried, and whether any issues arose during the police process.
- Developing a case strategy: Preparing a defence that considers the facts of the situation and the relevant legislation.
- Working with local knowledge: The firm is based in Townsville and has been assisting clients in the region since 2000, including in nearby areas such as Mount Isa.
- Considering related matters: Where cases involve additional allegations, such as assault or property offences, the firm can address these within the broader legal context.
- Offering fee options: Payment plans and legal aid (where eligible) may be available to make legal support more accessible.
Frequently Asked Questions
What constitutes unlawful possession of a firearm in Queensland?
Unlawful firearm possession in Queensland refers to possessing a firearm without the required licence or failing to meet firearm registration requirements. Under the Weapons Act 1990 (Qld), firearms must be lawfully acquired, registered, and stored in compliance with legal standards. The severity of possession offences can depend on factors such as the type of firearm, the circumstances of possession, and any prior convictions. Penalties may vary and could include fines or legal proceedings. Given the complexity of firearm laws, individuals concerned about firearm possession may seek legal advice. If you need help with legal advice regarding firearm possession in Townsville, contact our weapon offences lawyer in Townsville today.
How are weapons categorised under Queensland law?
Weapons are classified based on their design, function, and level of restriction under the Weapons Act 1990 (Qld). Firearms are divided into categories A, B, C, D, E, H, M, and R, each regulating specific types of firearms and their permitted use. For instance, Category A includes air rifles and single-shot rimfire rifles, while Category H covers handguns. Certain categories are restricted to licensed individuals, such as professional shooters or law enforcement personnel. In addition to firearms, other weapons like crossbows and flick knives may also be subject to legal restrictions. Those who own or intend to own a firearm may find it beneficial to understand these classifications and comply with relevant legal requirements. If you require guidance on firearm classifications in Townsville, a firearm offences lawyer in Townsville can provide legal insight.
What are the consequences of carrying a weapon in a public place without a reasonable excuse?
Carrying a weapon in a public place without a valid reason is regulated under the law and may result in legal consequences. Acceptable reasons for carrying a weapon may include occupational requirements, participation in sporting activities, or cultural and religious practices. However, carrying a weapon for self-defence is not recognised as a lawful excuse under current legislation. The penalties for unlawful weapon possession in public can vary depending on the type of weapon and the specific circumstances involved. In some cases, penalties may include fines or other legal measures. Individuals with questions about weapon possession laws may seek legal advice to better understand their rights and responsibilities.
What does Queensland law say about possessing knives in public places or schools?
Queensland law sets restrictions on possessing knives in public places and schools. Under the Weapons Act 1990 (Qld), carrying a knife in these areas without a reasonable excuse may lead to legal consequences. Acceptable reasons for possessing a knife can include work-related use, recreational activities such as fishing or camping, or cultural and religious purposes. However, carrying a knife for self-defence is not considered a valid reason under Queensland legislation. The legal outcomes for knife possession can vary based on factors such as the type of knife and the circumstances in which it is carried. Those seeking further clarification on knife possession laws may consider obtaining legal advice.
Are gel blasters considered firearms in Queensland?
Gel blasters are classified as firearms due to their resemblance to real firearms. The legal requirements for owning and using gel blasters differ from those in other states, and specific regulations apply to their storage and use. Possessing or using a gel blaster in a manner that could cause fear or alarm may result in legal consequences. Owners of gel blasters are expected to comply with relevant firearm regulations. As firearm laws may be subject to updates, individuals with questions about gel blaster regulations may find it helpful to seek legal advice.
