In Queensland, failure to securely store a firearm means not meeting the storage requirements set out in Section 60 of the Weapons Act 1990 (Qld).

The law requires that:

- If you are a licensee in control of a weapon – you must keep the weapon in secure storage facilities at the place where it is kept whenever it is not in your physical possession.

- If you are the registered owner of a firearm – you must ensure that secure storage facilities are available at the address recorded in the firearms register as the place where the firearm is generally kept.

These requirements exist to:

- Prevent unauthorised access to firearms.

- Reduce the risk of theft or misuse.

- Promote responsible firearm ownership and community safety.

Under Section 60 of the Weapons Act 1990 (Qld), the penalties depend on whether you are the licensee in control of the weapon or the registered owner of the firearm:

Licensee in control of a weapon

If you are a licensee who has control of a firearm at a place, you must keep it in secure storage facilities whenever it is not in your physical possession.

- Maximum penalty: 100 penalty units or 2 years’ imprisonment.

Registered owner of a firearm

If you are the registered owner, you must ensure that secure storage facilities are available at the address recorded in the firearms register as the place where the firearm is generally kept.

- Maximum penalty: 100 penalty units.

Why penalties are strict

These penalties reflect the importance of preventing firearms from being stolen, misused, or accessed by people who are not licensed. Even though this offence is not automatically a “disqualifying offence,” a conviction can still result in suspension or cancellation of your weapons licence and may affect future applications.

If charged as the licensee in control of a weapon the prosecution must prove that:

- You were a licensee under the Weapons Act.

- You had control of a firearm at a place.

- The firearm was not in your physical possession at the relevant time.

- The firearm was not kept in secure storage facilities at that place.

If charged as the registered owner of a firearm the prosecution must prove that:

- You were the registered owner of the firearm.

- The firearms register recorded a particular address as the place where the firearm was generally kept.

- At that address, secure storage facilities were not available for the firearm.

The police don’t just need to show that storage was “less than ideal” — they must prove that the legal requirements for secure storage facilities were not met. This often involves evidence such as:

- Photographs of the storage container or location.

- Police inspection reports.

- Statements about whether the container met the standards in the Weapons Regulation 2016 (e.g. locked, rigid steel/timber, fixed to the floor/wall if under 150kg).

Being charged with unsafe storage of a firearm does not mean you will automatically be convicted. The prosecution must prove each element of the offence beyond reasonable doubt, and there are circumstances where a defence may apply.

Possible defences include:

- You were not the licensee in control – the prosecution must prove you were the person in control of the firearm at the relevant time. If you were not, the charge may not be made out.

- You were not the registered owner – if the charge is based on ownership, the prosecution must prove you were the registered owner of the firearm in the firearms register.

- Secure storage was in fact available – you may be able to show that the firearm was stored in facilities that complied with the requirements of the Weapons Regulation 2016 (e.g. rigid steel/timber container, locked, fixed to the floor/wall if under 150kg).

- Reasonable precautions were taken – if you took all reasonable steps to secure the firearm and prevent unauthorised access, this may be a defence.

- Unlawful search or seizure – if police obtained evidence through an unlawful search, that evidence may be excluded.

- Mistaken identity or factual error – for example, if the firearm was not yours, or the storage facilities were wrongly assessed as non‑compliant.

There are a range of possible defences to a charge of failing to securely store a firearm. The prosecution must prove each element of the offence, and in many cases there are arguments that can be raised about ownership, control, or the adequacy of storage. Getting early legal advice is the best way to identify the strongest defence and protect your licence and your future.

Courts treat firearm storage breaches seriously because of the risk to public safety. A conviction can mean:

• Imprisonment or heavy fines.

• Loss of firearms licence.

• Five year disqualification from holding a licence.

• Permanent criminal record.

Being charged with failing to securely store a firearm can feel overwhelming. Coral Coast Law provides clear advice and strong representation to help you deal with the charge and protect your future.

Here’s how Coral Coast Law can assist:

- Straightforward advice – explaining the charge, the law under Section 60 of the Weapons Act 1990 (Qld), and what it means for you.

- Careful review of the evidence – examining police inspection reports, photographs, and compliance with the Weapons Regulation 2016.

- Exploring possible defences – such as whether you were the licensee in control, the registered owner, or whether secure storage facilities did in fact comply with the law.

- Negotiation where appropriate – in some cases, it may be possible to reduce the impact of the charge or resolve the matter without a conviction being recorded.

- Court representation – if your matter proceeds to court, Coral Coast Law will present your case effectively to minimise penalties and protect your licence.

- Support throughout the process – keeping you informed at every stage so you know exactly where you stand.

Safe storage of firearms is treated seriously in Queensland, but being charged does not mean you will automatically be convicted. Coral Coast Law provides practical guidance and representation to help you achieve the best possible outcome.