In Queensland, carrying or using a weapon in a public place is regulated by Section 57 of the Weapons Act 1990 (Qld). The law makes it an offence, without reasonable excuse, to:

- Carry a weapon exposed to view in a public place.

- Carry a loaded firearm or a weapon capable of being discharged in a public place.

- Discharge a weapon in, into, towards, over or through a public place.

What counts as a “weapon”?

"Weapon” is defined broadly. It includes not only firearms, but also items such as:

- Antique firearms, spear guns, longbows, swords.

- Replicas of weapons.

- Slingshots or shanghais.

What is a “public place”?

A public place is any location the public can access — including streets, parks, shopping centres, and even vehicles in or on a public place.

The purpose of Section 57 is to:

- Protect community safety by preventing weapons from being carried or used in ways that cause fear or risk of harm.

- Ensure public spaces remain safe and free from intimidation.

- Reinforce that weapon possession is subordinate to public and individual safety.

Under Section 57 of the Weapons Act 1990 (Qld), the penalties depend on the type of conduct:

- Carrying a weapon exposed to view in a public place (without reasonable excuse)

Maximum penalty: 40 penalty units or 6 months’ imprisonment.

- Carrying a loaded firearm or a weapon capable of being discharged in a public place (without reasonable excuse) Maximum penalty: 120 penalty units or 2 years’ imprisonment.

Discharging a weapon in, into, towards, over or through a public place (without reasonable excuse) Maximum penalty: 200 penalty units or 4 years’ imprisonment.

These penalties reflect the law’s intention to protect community safety. Weapons in public places can cause fear, escalate conflict, and put lives at risk. Even if no one is harmed, the courts treat these offences seriously because of the potential danger and the need to maintain public confidence in responsible weapon ownership.

To convict you of carrying or using a weapon in a public place, the prosecution must prove each element of the offence beyond reasonable doubt. What they need to prove depends on the type of conduct alleged.

Carrying a weapon exposed to view in a public place

- That you had a weapon (as defined in the Act, including firearms, replicas, swords, bows, spear guns, slingshots, etc.).

- That you carried it exposed to view.

- That this occurred in a public place (anywhere the public can access, including vehicles in public places).

- That you did so without a reasonable excuse.

Carrying a loaded firearm or a weapon capable of being discharged in a public place

- That you carried a loaded firearm or another weapon capable of being discharged.

- That this occurred in a public place.

- That you did so without a reasonable excuse.

Discharging a weapon in, into, towards, over or through a public place

- That you discharged a weapon.

- That the discharge was in, into, towards, over or through a public place.

- That you did so without a reasonable excuse.

The phrase “without reasonable excuse” is central. The law recognises that there may be legitimate reasons for carrying or using a weapon in public (for example, transporting a firearm to a shooting range in compliance with storage and transport requirements). If you can show a reasonable excuse, the prosecution may not be able to prove the offence.

Being charged under Section 57 of the Weapons Act 1990 (Qld) does not mean you will automatically be convicted. The prosecution must prove every element of the offence beyond reasonable doubt, and there are circumstances where a defence may apply. Possible defences include:

Reasonable excuse

The law requires the prosecution to prove you acted without reasonable excuse. If you had a lawful and genuine reason — such as transporting a firearm to a shooting range in compliance with storage and transport requirements, or using a weapon for lawful work‑related purposes — this may provide a defence.

Not a “weapon” under the Act

The prosecution must prove the item was a “weapon” as defined in the Weapons Act. If the item does not fall within the statutory definition, the charge may not be made out.

Not in a public place

The prosecution must prove the conduct occurred in a “public place” (which includes vehicles in public areas). If the location was not legally a public place, this may be a defence.

Factual dispute

You may dispute the facts alleged by police — for example, whether the weapon was exposed to view, whether it was loaded, or whether it was actually discharged.

Unlawful search or seizure

If police obtained evidence through an unlawful search, that evidence may be excluded from the case.

The most common defence is showing that you had a reasonable excuse for carrying or using the weapon in public. However, there are several other avenues depending on the facts of your case. Early legal advice is essential to identify your best options and to protecting your rights.

A conviction for carrying or using a weapon in a public place under Section 57 of the Weapons Act 1990 (Qld) can have serious and lasting effects, including:

- Criminal record – a conviction will appear on your criminal history, which can affect employment opportunities, travel visas, and professional licensing.

- Weapons licence suspension or cancellation – Queensland Police may suspend or cancel your licence if they consider you no longer a fit and proper person to hold one.

- Future licence applications – even if your current licence is not cancelled, a conviction can make it much harder to renew or obtain a new licence in the future.

- Reputation and trust – being convicted of carrying or using a weapon in public undermines confidence in your ability to responsibly own or use firearms.

- Imprisonment risk – depending on the conduct (for example, discharging a weapon in public), the court has the power to impose a custodial sentence.

A conviction under Section 57 does not just bring fines or the risk of imprisonment — it can jeopardise your weapons licence, limit future applications, and leave you with a criminal record that affects your work, travel, and reputation. The consequences are long‑term, which is why obtaining legal advice early is essential.

Being charged with carrying or using a weapon in a public place can be overwhelming. The law is strict, the penalties are serious, and the consequences of a conviction can affect your future for years to come. That’s where we step in. At Coral Coast Law, we:

- Explain the charge clearly – so you understand exactly what you’re facing under Section 57 of the Weapons Act 1990 (Qld).

- Examine the evidence – including police reports, witness statements, and whether processes were followed lawfully.

- Identify possible defences – such as reasonable excuse, factual disputes, or whether the location was truly a “public place.”

- Negotiate with prosecutors – to reduce the seriousness of the charge or minimise penalties where possible.

- Represent you in court – with strong advocacy aimed at protecting your rights, your record, and your weapons licence.

- Support you throughout the process – keeping you informed and prepared at every stage.

We understand how stressful these charges can be. Our goal is to protect your future, reduce the impact of the charge, and achieve the best possible outcome for your situation.