Weapon and Firearm Offences

Weapon and Firearm Offences

Offending involving firearms and other weapons is treated with significant seriousness across Australia — but perhaps nowhere is the legal approach more inconsistent than between Queensland and New South Wales. The two States differ markedly in how they define, prosecute, and penalise weapons offences.

Legal Frameworks and Penalties

In Queensland, firearms offences are not dealt with under the Criminal Code but are instead governed by the Weapons Act 1990 (Qld). This legislation criminalises the unauthorised possession of a broad range of weapons, including firearms, knives, and certain restricted items. However, the penalties for many offences under the Act are notably less severe than in New South Wales.

For example, the unauthorised possession of an unregistered firearm in Queensland may result in a fine, but does not necessarily carry a term of imprisonment. In contrast, under the Firearms Act 1996 (NSW) and the Crimes Act 1900 (NSW), the same offence can attract a maximum penalty of 5 years imprisonment, or up to 14 years where the weapon is a pistol or prohibited firearm.

Serious Firearms Offences in NSW

Unlike Queensland law, the NSW Crimes Act contains multiple direct references to firearms-related offences. Two notable examples include:

• Discharging a Firearm with Intent to Cause Grievous Bodily Harm, and
• Possession of an Unregistered Firearm in a Public Place.

The first of these carries a standard non-parole period of 9 years, reflecting its classification as a very serious indictable offence. More broadly, the Firearms Act 1996 (NSW) includes offences such as:

• Unauthorised sale of firearms, and
• Possession of more than three unregistered firearms (where at least one is a pistol),

both of which carry a standard non-parole period of 10 years.

Replica and Imitation Firearms

The treatment of replica or imitation firearms is another area of divergence. In Queensland, such items are classified as restricted items under the Weapons Categories Regulation, not as firearms. Possession may result in a minor penalty, typically a small fine.

In New South Wales, however, imitation firearms are treated as actual firearms under the law. Possession can lead to prosecution and carries a standard non-parole period of 4 years imprisonment — a stark contrast to Queensland’s approach.

Prohibition Orders and Search Powers in NSW

Another key distinction lies in the prohibition order regime under NSW law. Police in New South Wales may issue a Firearm Prohibition Order (FPO) to any person if they consider it not in the public interest for that person to possess firearms or firearm parts. No specific offence needs to be alleged, and even unrelated criminal history may be enough to trigger an order.

Once served, an FPO allows police to conduct random compliance searches of the individual and any premises they occupy — without a warrant. This mechanism effectively grants ongoing search powers without the need for any current suspicion or fresh evidence, a situation not mirrored under Queensland law.

Deemed Possession in Queensland

While Queensland’s penalties may appear less severe, its law contains some unusual evidentiary provisions. Under section 163 of the Weapons Act 1990 (Qld), a person may be deemed to be in unlawful possession of a firearm if it is found in a place they occupy or manage — even if they had no physical possession or knowledge of the weapon.

To rebut this legal presumption, an accused must give evidence refuting the connection — which may involve waiving the right to silence and taking the stand at trial. This reverse onus provision imposes a heavier burden on the accused compared to many other offences. However, the available penalties for deemed possession are generally less severe than those imposed for actual physical possession.

Legal Assistance for Firearms Charges

Whether you are facing a weapons charge in Queensland or New South Wales, you are dealing with laws that can carry serious consequences — including lengthy prison terms, firearms prohibition, and reputational harm. The complexity of the legislative landscape, particularly in cross-border matters, makes early legal advice critical.

At East Coast Criminal Lawyers, we represent clients charged with all types of weapons offences, from minor possession matters to serious indictable firearm allegations. We operate across Queensland and New South Wales, and provide experienced, strategic representation in both jurisdictions.

Contact us today for a confidential consultation if you are under investigation or have been charged with a weapons or firearms offence.