Your Rights, Crime, and the Law.
The desire or need to own a firearm can stem from several reasons, be it for a hobby, self-protection or hunting. Yes, while it can be possible for you to own a firearm in Queensland for these reasons, it is no simple process.
The gun licence process is heavily regulated. To see you through, here are some frequently asked questions regarding firearms licences in Queensland.
Is it legal to own a gun in Queensland?
The legalities behind gun ownership are outlined in the Weapons Act 1990 (Qld) (Weapons Act). The Weapons Act allows for lawful gun ownership - granted that strict guidelines are met.
Are you eligible for a Queensland Firearms licence?
A firearms licence will not be granted to everyone.
To be eligible for a firearms licence you must:
Over the age of 18 years (11-17 years old may be permitted in limited circumstances);
Provide legitimate reasoning regarding your use for a firearm;
Meet personal eligibility requirements assessing you are a fit and proper person for firearm use; and
Have access to secure storage facilities.
How much is a gun licence in Queensland?
You need to pay for the application of a firearms licence, as well as renewal fees depending on the term of your licence.
Can I get a gun licence with a criminal record in QLD?
As previously stated, to be eligible for a firearms licence you must comply with the ‘fit and proper person’ standards. This excludes those who have been convicted or discharged from custody on sentence in the past 5 years for:
Offences relating to the misuse of drugs;
Offences involving the use or threatened use of violence;
Offences involving the use, carriage, discharge or possession of a weapon. (© The State of Queensland (Queensland Police Service) 2022)
You will not be able to hold a firearms licence if you have been named as a respondent in a domestic violence order.
The Criminal Offences
If you do not comply with the legal requirements of obtaining a firearms licence through honest and lawful means, you could potentially commit a criminal offence. There are several more firearms-related offences.
The common criminal offences relating to firearms are:
• Unlawful Possession
Wherein the possession of an unregistered firearm is proven, and the accused owner was not authorised by a licence to possess the weapon. (‘the weapon’ being one defined under the Weapons Categories Regulation 1997).
If found guilty, the maximum penalty for unlawful possession could extend to 13 years in prison depending on the number of weapons in possession.
If you have been charged with Unlawful Possession, please seek professional support from a skilled Criminal Lawyer as soon as possible. If you would like more guidance on this fact, please contact us today.
• Altering, Modifying or Changing The Serial Number, Makeup or Operation of a Firearm
The modification or alteration of the action, serial number or makeup of a firearm can lead to penalties of $23,560 or 4 years in prison.
• Failing to Secure Firearm/s
If you do not take proper precautions to ensure the safe storage of your firearm, you could face penalties of over $10,000 or two years imprisonment.
Are you facing a Weapons Offence in Queensland?
Weapons offences are serious. If you have recently been charged with a similar offence, it is paramount that you seek legal assistance as soon as possible.
We are here to help you.
Criminal law firm based in Toowoomba, Roma, Brisbane and Townsville. Diversely spread and uniquely targeted, our specialised criminal lawyers and accredited specialists know how to navigate trials and charges of all kinds. Contact our team of skilled Lawyers incorporating Accredited Specialists on 07 3009 655 or email creeveyerussell@crlawyers.com.au
For around the clock service, please do not hesitate to contact our 24/7 Crime Hotline on 1800 2746 3529.
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