Facing A weapons offence charge in QLD?

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If you are being investigated or charged with a weapons offence, seeking legal advice is crucial due to the serious consequences and penalties involved. Our experienced lawyers can guide you through the entire process, ensuring your rights are protected.

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  • (1) A person must not unlawfully possess a weapon.

    (a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—13 years imprisonment; or

    (b) if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—500 penalty units or 10 years imprisonment; or

    (c) if paragraphs (a) and (b) do not apply—
    (i) for a category D, H or R weapon—300 penalty units or 7 years imprisonment; or
    (ii) for a category C or E weapon—200 penalty units or 4 years imprisonment; or
    (iii) for a category A, B or M weapon—100 penalty units or 2 years imprisonment.

    (d) for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies—
    (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or
    (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or
    (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or

    (e) for an offence, committed by an adult, to which paragraph (c) (iii) applies—
    (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or
    (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.

  • (1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.

    Penalty—
    Maximum penalty—40 penalty units or 1 year’s imprisonment.
    (2) It is a reasonable excuse for subsection (1) to physically possess a knife—
    (a) to perform a lawful activity, duty or employment; or
    (b) to participate in a lawful entertainment, recreation or sport; or
    (c) for lawfully exhibiting the knife; or
    (d) for use for a lawful purpose.

    Example for subsection (2)(a)—
    1 A person may carry a knife on his or her belt for performing work in primary production.

    Examples for subsection (2)(b)—
    1 A scout may carry a knife on his or her belt as part of the scout uniform.
    2 A person may carry a knife as an accessory while playing in a pipe band.
    3 A fisher may carry a knife for use while fishing.

    Example for subsection (2)(c)—
    1 A person who collects knives may exhibit them at a fete or another public gathering.

    Examples for subsection (2)(d)—
    1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.
    2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.
    (3) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.
    (4) Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes.

    Example—
    A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.
    (5) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.
    (6) In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.

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belinda@robinsonlaw.au
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