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tip the scales of justice in your favour when dealing with weapon offences

Do You Need A Weapons Offence Lawyer In Queensland?

Weapons Offence In Queensland

A weapons offence can be a tricky thing to deal with.

While it is essential to uphold our rights and freedoms, we must also acknowledge the importance of abiding by the law and ensuring public safety.

To navigate through the complex world of weapons offences, having excellent legal representation from an experienced weapons offence lawyer can make all the difference.

Let’s explore why this is so by focusing on five key weapons offences and their possible penalties.

Queensland’s Weapons Legislation – The Basics

Firstly, we need to have a quick look at the basics that regulate weapons in Queensland.

Weapons Act 1990

Think of the Queensland Weapons Act 1990 as the main rulebook for weapons (including firearms, knives and body armour among other things) in our state.

It covers everything from who can own a weapon through to how they’re acquired, disposed & stored.

This Act is the foundation for the regulations that follow below.

Weapons Regulation 2016

Now, this is where the nitty-gritty details come in.

The Weapons Regulation 2016 lays out specific requirements for things like licensing and permits.

If you’re planning to acquire a firearm, you’ll want to brush up on this.

Weapons Categories Regulation 1997

This Queensland Weapons Categories Regulation 1997 helps classifies different types of weapons and sets the rules for each one.

Whether it’s firearms, knives or other weapons, they all have their own strict set of rules to follow.

For more information have a look at our Gun Bar Blog where we explore the subject of weapons categories in more detail.

Possible Weapons Offences And The Penalties Involved

 

Weapons Offence: Inadequate Storage of Weapons

Possessing a firearm without adhering to strict storage requirements can lead to serious consequences.

Queensland Weapons Licensing is obliged to audit licensed QLD firearm owners. This usually means a polite notice of upcoming inspection and local Police attending your safe storage address to ensure that you are meeting the safe storage requirements and obligations.

There is a myriad of reasons that may cause Police to charge someone with a weapon offence including but not limited to:

  • Firearm Safe NOT bolted to the floor or wall of a permanent building.
  • Major firearm components being stored with ammunition
  • Firearm stored loaded
  • Firearm not secured in approved safe
  • Many, many others

As per the Weapons Act 1990, the offence of inadequate storage entails penalties of up to $8,714 or two years of imprisonment, or both.

This is a substantial price to pay for failing to keep your weapons safely stored, especially when considering the potential harm that may arise from negligence.

Weapons Offence: Possession of Unregistered Firearms

Queensland law mandates that all firearms must be duly registered.

The Weapons Act 1990 highlights that failing to register a firearm can result in penalties of up to $64,115 or five years of imprisonment, or both.

This could be something that hits you from left field.

An example that comes to mind is that you are “safekeeping” a firearm on behalf of a friend and when Police audit your safe, they determine that this particular firearm is unregistered or not licensed.

Safekeeping a registered firearm for someone is perfectly legal, but how are you to know if it is properly registered?

The importance of legal representation cannot be stressed enough when facing a weapon offence of this type.

The repercussions can significantly impact one’s life and the ability to maintain a firearms licence in the short and long term.

Further impact may be felt by weapons offence charges within your employment or ability to hold security clearances or obtain other licences required to operate in your industry.

Weapons Offence: Carrying a Concealed Weapon

Carrying a concealed weapon in public is strictly prohibited under the Weapons Act except under tightly controlled circumstances for e.g. Cash In Transit Security Officers.

Whether it’s a concealed knife, firearm, or any other prohibited item, this offence can lead to penalties of up to $8,714 or two years of imprisonment, or both.

Such cases require astute legal guidance to navigate the complexities and ensure a fair trial.

Weapons Offence: Possession of Prohibited Weapons

The Weapons Categories Regulation 1997 defines prohibited weapons, such as automatic firearms, machine guns, and certain bladed weapons.

Possession of these items is a serious offence, with penalties of up to $64,115 or seven years of imprisonment, or both.

Having exceptional legal representation is paramount in establishing valid defences and mitigating potential consequences.

Weapons Offence: Failure to Surrender Firearms

If you are subject to a prohibition order or your firearms license has been revoked, you must promptly surrender your weapons.

Failure to comply can lead to penalties of up to $8,714 or two years of imprisonment, or both, as outlined in the Weapons Act.

Engaging a skilled attorney is essential to explore any legal options and present your case convincingly.

Summary

When it comes to weapons offences in Queensland, ignorance of the law is not a valid excuse.

Understanding the gravity of such offences and the potential penalties, it becomes evident that excellent legal representation is crucial in these situations.

A skilled attorney can navigate the complexities of the legal system, advocate for your rights, and work towards the best possible outcome.

If you ever find yourself facing a weapons offence in Queensland, do not handle it alone.

Seek professional legal advice immediately to protect your rights and ensure a fair and just resolution.

Remember, the right legal representation can make all the difference in safeguarding your future and preserving your freedom.

Stay informed, stay responsible, and remember that knowledge combined with prudence is the key to a safer community for all.

Disclaimer: while all care has been taken to provide accurate information about the information contained within this blog, we aren’t lawyers and as such are not offering you legal advice.

This blog is to be treated as general information only and if you haven’t already guessed our key point here is that professional legal counsel is required to navigate any weapon offence that you may have been charged with.

We make recommendations below to prominent legal firms with outstanding reputations and the experience in these matters.

It is our suggestion that you engage with and speak with several of our recommendations to ascertain the right fit for your needs.

Matt Joseph gunbar-admin
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