Weapons Offences Lawyer
Cairns & Far North Queensland
You have been charged with a weapons offence. You may have had a firearm, a knife, or another weapon seized by police. You are wondering whether you are going to jail — and whether the answer depends on the type of weapon. It does. The difference between weapons charges in Queensland is not a matter of degree. For certain categories of weapon and certain circumstances, the court has no discretion — mandatory minimum imprisonment applies and cannot be suspended. For other categories, a fine or no conviction is a realistic outcome. What happens next depends on the weapon, the circumstances, and how the matter is prepared.
Your Charge Determines What Happens Next
Weapons offences in Queensland are governed by the Weapons Act 1990 (Qld). The charge you face — and the penalty range — depends on the category of the weapon and what the prosecution alleges you were doing with it. Unlawful possession under section 50 is the most common weapons charge in the Cairns Magistrates Court. It covers possessing a weapon without an appropriate licence. The maximum penalty depends on the category of the weapon and how many you had: Category A, B or M (rifles, shotguns, crossbows) — 300 penalty units ($51,810) or 7 years imprisonment. Category C or E (pump-action and semi-automatic shotguns and rifles) — 500 penalty units ($86,350) or 10 years. Category D, H or R (handguns, pistols, machine guns, restricted firearms) — 700 penalty units ($120,890) or 14 years. Ten or more weapons — 750 penalty units ($129,525) or 15 years, rising to 1,000 penalty units ($172,700) or 20 years if at least 5 of them are category D, E, H or R. Those are the maximums on indictment. Most category A, B or M possession charges are dealt with summarily in the Magistrates Court, and on a summary conviction the most that can be imposed is 150 penalty units ($25,905) or 3 years — section 161(8). A charge punishable by more than 10 years can only be dealt with on indictment, so a category D, H or R charge, or a ten-weapon charge, is not staying in the Magistrates Court. For a first category A or B offence without aggravation, a fine, a good behaviour bond or no conviction recorded are realistic outcomes. Mandatory minimum imprisonment applies only to adults, and it is served wholly in a corrective services facility. Where the charge involves a category C, D, E, H or R weapon, or ten or more weapons: Firearm used to commit an indictable offence — 18 months. Firearm possessed for the purpose of committing or facilitating an indictable offence — 1 year. Short firearm possessed in a public place without a reasonable excuse — 1 year. Where the charge involves a category A, B or M weapon, the minimum is 9 months if the firearm was used to commit an indictable offence, and 6 months if it was possessed for the purpose of committing or facilitating one. The other offence has to be an indictable one — that is the element people miss. These minimums are absolute. The court cannot go below them. But every element that triggers one must be proven by the prosecution, and whether it is actually engaged on the facts is the first question Sacha analyses. Unlawful supply under section 50B carries up to 20 years, with minimums of 3 years where 5 or more weapons including a short firearm are supplied, and 2 and a half years for a single category D, H or R short firearm. Trafficking under section 65 is a crime carrying life imprisonment, with minimums of 5 years where a category H or R firearm is involved and 3 and a half years for other categories, category M crossbows or explosives. Sacha will tell you at the first consultation exactly where your charge sits, whether a mandatory minimum is engaged, and what the realistic range of outcomes looks like.
Your Firearms Licence Is Also at Risk
A weapons charge can cost you your firearms licence, but the process is not automatic. Under section 28 of the Act, an authorised officer may suspend a licence by giving the holder a suspension notice: where satisfied the holder has been charged with a serious offence, where the holder is temporarily unable to comply with a condition of the licence, or where the officer considers on reasonable grounds that the holder may no longer be a fit and proper person to hold a licence. A suspension based on a charge runs until the proceeding for the charge ends or an authorised officer lifts it. A suspension on fit and proper grounds ends when an authorised officer lifts it or 90 days after it starts, whichever comes first, and any permit to acquire you hold is suspended at the same time. On conviction, the practical bar is the fit and proper person test in section 10B. That test applies when you apply for a licence, renew one, or are given a revocation notice — it does not apply to a suspension. You are not a fit and proper person if, in the 10 years before that day, you were convicted of a class A or class B serious offence, released from custody for one, or subject to a supervision order for one; the same applies on a 5 year window for a class C serious offence, or if a domestic violence order (other than a temporary protection order) was made or a police protection direction issued against you. The conviction has to be a recorded one, but a spent conviction still counts. If you rely on a firearms licence for work — primary industries, pest management, security — the licence consequence can be as significant as the sentence itself. Sacha addresses both in every matter.
When the Evidence Is the Question
How the weapon came to be in your possession matters. Temporary possession, holding a weapon for someone else, or not knowing a weapon was in a shared vehicle are factually different from deliberate unlicensed acquisition. Where possession or knowledge is genuinely contestable, that is a live issue in the matter. Where there are issues with how the weapon was found — the basis for the search, chain of custody, or whether possession is genuinely established on the evidence — those are identified before the plea is entered, not after. For cases where mandatory minimums are in play, the focus is on whether they are actually engaged on the specific facts. Mandatory minimums are not automatic — every element that triggers them must be proven. Where there is room to argue, Sacha finds it.
What Changes the Outcome
The mandatory minimums aside, most weapons charges carry a wide sentencing range. The difference between a fine and actual imprisonment — or between a conviction recorded and none — comes down to preparation. Whether the mandatory minimum actually applies. These provisions are specific — they require a defined weapon category, a defined circumstance, and an adult offender. Getting this analysis right at the outset shapes everything that follows. How the weapon came to be in your possession. Temporary possession, holding a weapon for someone else, or not knowing a weapon was in a shared vehicle are factually different from deliberate unlicensed acquisition. Your licence history. In limited circumstances, a recently lapsed licence provides a reasonable excuse defence for the short firearm in a public place mandatory minimum under s 50(1A). Narrow, but worth examining where the facts support it. Your personal circumstances. Employment, family responsibilities, the context of the charge, and steps taken since — these are the materials Sacha works with to put the most effective case before the Magistrate. Whether a conviction should be recorded. For lower-category weapons without aggravating circumstances, the court retains discretion to deal with a matter without recording a conviction. Sacha advises honestly on whether it is achievable in your case.
Frequently Asked Questions
Will I go to jail for having an unlicensed gun?
It depends on the category. For most first-offence Category A or B possession charges without aggravating circumstances, imprisonment is not the usual outcome. The risk increases significantly for higher-category weapons — particularly pistols and Category H firearms — and where the weapon was involved in another offence. Sacha will give you an honest assessment at the first consultation.
What is a mandatory minimum and can it be avoided?
A mandatory minimum is a sentence floor the court cannot go below. For certain weapons charges it applies regardless of your circumstances or history. It cannot be suspended. What can be argued is whether the mandatory minimum is actually engaged on the facts — the prosecution must prove every element that triggers it.
Does it matter that I didn't know the gun was there?
Knowledge of the weapon is an element the prosecution must establish. If you genuinely did not know a weapon was in the vehicle or premises, that is a contestable issue. Sacha assesses whether the prosecution's evidence actually establishes knowledge and control.
My firearms licence expired recently — does that help?
In limited circumstances, yes. Section 50(1A) of the Weapons Act 1990 (Qld) provides a narrow reasonable excuse defence for the short firearm in a public place mandatory minimum where a licence expired within the preceding 12 months. Sacha advises on whether it applies to your matter.
What happens to my firearms licence while the charge is being dealt with?
Not automatically. Under section 28 of the Act an authorised officer may suspend your licence by giving you a suspension notice: where satisfied you have been charged with a serious offence, where you are temporarily unable to comply with a condition of your licence, or where the officer considers on reasonable grounds that you may no longer be a fit and proper person to hold one. If the suspension is based on a charge, it runs until the proceeding for that charge ends or an authorised officer lifts it. A suspension on fit and proper grounds ends when an authorised officer lifts it or 90 days after it starts, whichever comes first, and any permit to acquire you hold is suspended at the same time. If you are convicted, the practical bar is the fit and proper person test in section 10B. It applies when you apply for a licence, renew one, or are given a revocation notice — not to a suspension. You are not a fit and proper person if, in the 10 years before that day, you were convicted of a class A or class B serious offence, released from custody for one, or subject to a supervision order for one; the same applies on a 5 year window for a class C serious offence, or if a domestic violence order (other than a temporary protection order) was made or a police protection direction issued against you. The conviction has to be a recorded one, but a spent conviction still counts. If your licence is critical to your work, call Civic Law before your first court appearance.
Can the charge be negotiated or reduced?
In some cases, yes. Where the prosecution's version of events is overstated, where the weapon category is arguable, or where the circumstances do not support the charge as laid, representations to the prosecution before the plea date are appropriate. Sacha advises on whether that is realistic in your matter.
What happens to the weapon?
Seized weapons are held by police. On conviction, the weapon is forfeited — it is not returned. Even where a charge is withdrawn or dismissed, police can apply to retain the weapon. If the weapon has legitimate value — licensed firearms, inherited items — Sacha addresses forfeiture and any application for return as part of the matter.
Fixed Fees
- Weapons Offence — Category A, B or M — $2,100
- Weapons Offence — Category C, D, H, R or Prohibited — $4,800