In Queensland, unlawful possession of a weapon is an offence under Section 50 of the Weapons Act 1990 (Qld). A person commits this offence if they are found in possession of a weapon without holding the appropriate licence or authority.

- Possession doesn’t just mean holding a weapon in your hand — it can also include having it stored in your home, car, or anywhere you have control over it.

- The law applies to all categories of weapons defined under the Weapons Categories Regulation 1997 (Qld), including firearms, certain knives, crossbows, and other regulated items.

- The penalties vary depending on the type and number of weapons involved, ranging from fines to up to 13 years’ imprisonment for the most serious cases (such as possessing multiple high‑risk weapons).

The offence is about possession without lawful authority. Even if the weapon is not used, simply having it unlawfully can result in serious criminal consequences.

The maximum penalty depends on the type and number of weapons:

- Category A or B – up to 2 years’ imprisonment or 100 penalty units

- Category C or E – up to 4 years’ imprisonment or 200 penalty units

- Category D, H or R – up to 7 years’ imprisonment or 300 penalty units

- 10 or more weapons (with at least 5 in Categories D, E, H or R) – up to 13 years’ imprisonment

- 10 or more weapons (other combinations) – up to 10 years’ imprisonment or 500 penalty units

If a firearm is possessed during the commission of another indictable offence, the court must impose a mandatory minimum term of actual imprisonment (served wholly in custody).

Even a single unlicensed weapon can lead to a criminal conviction, while higher‑category or multiple weapons attracting much harsher penalties.

To secure a conviction for unlawful possession of a weapon under Section 50 of the Weapons Act 1990 (Qld), the prosecution must prove beyond reasonable doubt that:

- You were in possession of a weapon

Possession can mean physical possession (holding it) or having it under your control (for example, stored in your home, car, or another place you control).

- The item was a “weapon” as defined by law

Weapons are defined in the Weapons Categories Regulation 1997 (Qld) and include firearms, certain knives, crossbows, and restricted items.

- You did not hold the appropriate licence or authority

If you had no valid licence, or your licence did not cover that category of weapon, possession is unlawful.

The police don’t need to prove you used the weapon — only that you had it in your possession without lawful authority.

If you are charged with unlawful possession of a weapon in Queensland, there may be legal defences available depending on the circumstances. Common defences include:

- Lack of knowledge – you did not know the weapon was in your possession. For example, if a knife was left in your car by someone else without your knowledge.

- Reasonable excuse – you had a lawful reason for having the item. For instance, carrying a knife for work purposes (such as a chef or tradesperson) or transporting a firearm to a shooting range in compliance with licence conditions.

- Not a weapon under the Act – the item in question may not legally fall within the definition of a “weapon” under the Weapons Act 1990 (Qld).

- Mistaken identity or unlawful search – the prosecution must prove beyond reasonable doubt that you were in possession of the weapon and that police obtained the evidence lawfully.

- Licence or exemption – you held a valid licence or were otherwise exempt under the Act at the time of possession.

Being charged does not mean you will be found guilty. The prosecution must prove every element of the offence beyond reasonable doubt, and there may be valid defences available in your case. Getting legal advice as early as possible is the best way to understand your options and decide on the most effective course of action.

A conviction for unlawful possession of a weapon under Section 50 of the Weapons Act 1990 (Qld) can have serious and lasting effects. The consequences depend on the type of weapon and the circumstances, but may include:

- Criminal record – carrying a knife in public without a reasonable excuse may result in a conviction. If recorded, this can affect employment, overseas travel, and professional licensing.

- Loss of weapons licence – if you are convicted of possessing an unregistered firearm or another unlawful weapon, any current weapons licence will be cancelled, and you may be disqualified from applying for a new licence for several years.

- Imprisonment in serious cases – where unlawful possession of certain firearms (categories C, D, H or R) occurs in connection with another indictable offence, the law requires a mandatory minimum term of imprisonment. In all other cases, the court has discretion in sentencing.

- Reputation and relationships – a weapons conviction can damage your standing in the community, affect family life, and limit career opportunities.

- Future restrictions – convictions can make it harder to work in regulated industries, obtain security clearances, or travel to countries with strict entry requirements.

From knives in public places to unregistered firearms, a conviction can have lasting consequences. These may include a criminal record, cancellation of your weapons licence, and in the most serious firearm cases linked to other offences, mandatory imprisonment. Getting legal advice early is the best way to protect your rights and your future.

Being charged with a weapons offence in Queensland is a serious matter, but clear legal advice can make all the difference. Coral Coast Law provides straightforward guidance and strong representation to help you deal with the charge and protect your future.

Here’s how Coral Coast Law can assist:

- Practical advice – explaining the charge, the possible penalties, and your options in plain language.

- Careful review of the evidence – examining the police case to identify weaknesses, errors in procedure, or evidence that can be challenged.

- Exploring defences – assessing whether a defence such as lack of knowledge, a reasonable excuse, or another option under the Weapons Act 1990 (Qld) applies to your situation.

- Negotiation where appropriate – in some cases, charges can be reduced or withdrawn before reaching court.

- Court representation – presenting your case effectively to minimise penalties and achieve the best possible outcome.

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

Weapons charges can have serious consequences, but with the right legal advice you can take control of the situation. Coral Coast Law offers clear guidance, strong representation, and practical support from start to finish.