Firearms Lawyer in Brisbane
Protecting Your Right to Shoot Recreationally or Professionally
Whether you’re a frontline worker, a recreational shooter, or a collector, the complex nuances of weapons licensing can be difficult to navigate. Our team of experienced lawyers is here to guide you through the process, ensuring you comply with the law and protect your rights.
Tailored Licensing Guidance
Weapons licensing can feel like a maze. From sports or target shooting, occupational requirements and collecting weapons, the rules vary depending on the type of firearm and the intended use. It’s easy to get lost in the sea of legal jargon and complex requirements. Trying to navigate this alone can lead to frustrating delays, costly mistakes, or even the rejection of your application.
At Sibley Lawyers, we understand that no two situations are the same. That’s why we offer tailored guidance to help you secure your licence, or if you have been unsuccessful, to review the decision in QCAT. Being convicted of certain offences, such as firearms, drugs, or offences involving violence, can result in a person no longer being considered a fit and proper person. We’ll cut through the confusion and provide clear and concise explanations.
Don’t let the complexities of weapons licensing stand in your way. With Sibley Lawyers by your side, you can confidently navigate the process and obtain the licence you need. Contact us today for a consultation and let our experienced team guide you towards a successful outcome.
Our team will walk you through every step of the process, ensuring you understand:
Safe Storage Requirements
We’ll clarify the specific regulations for securely storing your firearms and ammunition, helping you avoid potential legal issues.
Genuine Reason and Fit and proper person
We’ll help you articulate how you meet the fit and proper person criteria for owning a firearm, increasing your chances of application approval.
Background Checks and Eligibility Criteria
We’ll guide you through the background check process and address any potential concerns that may arise from your personal history.
Specific Licence Types
Whether you’re interested in hunting, sports shooting, collecting, or self-defence, we’ll help you identify the appropriate licence category and understand its specific requirements.
Specialist Criminal Lawyers Committed To Your Success
Sibley Lawyers is a boutique criminal law firm with a reputation for excellence in advocacy and client service. We’re not just typical lawyers; we’re specialists who are passionate about protecting your rights and achieving the best possible outcomes for your case. Our team comprises experienced advocates, including former barristers, who bring a wealth of knowledge and expertise to every matter we handle.
Legal challenges can feel like a heavy burden, but we’re here to ease the stress. We’re committed to providing personalised attention and clear, straightforward advice to every client. We believe in building strong relationships based on trust and open communication. Whether you’re dealing with a weapons licensing issue, a criminal charge, or any other legal matter, you can depend on Sibley Lawyers to fight relentlessly on your behalf and guide you through the complexities of the legal system.
Call Sibley Lawyers today. Your freedom is worth fighting for
Your Future Starts Now
Don’t leave your future to chance. The sooner you contact us, the sooner we can start building your defence. We offer a free, no-obligation consultation to discuss your case and explain how we can help. Remember, you are not alone in this fight.
Denied Weapons Licensing? We Can Help You Appeal
Our team understands the intricacies of administrative law and the specific requirements for successful reviews before QCAT. We’ll carefully review your application, identify the reasons for the denial, and build a compelling case for reconsideration. We’ll be your advocate, presenting strong arguments to the relevant authorities and ensuring your voice is heard.
Here are some of the common reasons why reviews are needed, and how we can help you overcome them:
Fit and proper person
Information regarding a mental health concern or a domestic violence order may lead to a suspension
Genuine Reason
a person who holds a weapons licence seeking to renew it, but the decision maker decides they no longer have a genuine reason.
Past Criminal History or Mental Health Concerns
We'll address any potential red flags preventing a determination of you being a fit and proper person and present your case in the most favourable light possible.
Weapons Act Offences
Firearms and Weapons Offences We Defend
Firearms and weapons offences in Queensland are prosecuted under the Weapons Act 1990. We defend the full range, including:
- Unlawful possession of a weapon (section 50)
- Possession of an unregistered firearm (section 50A)
- Possession of a knife in a public place or school (section 51)
- Unlawful supply of weapons (section 50B), including lending or giving a weapon to an unlicensed person
- Unlawful trafficking in weapons (section 65)
- Shortening a firearm (section 61) and modifying or altering a firearm (section 62)
- Dangerous conduct with a weapon (section 58) and discharging a firearm in a public place
- Possession or use of a weapon while under the influence of drugs or alcohol (section 59)
- Failing to store weapons securely (section 60)
- Going armed in public to cause fear, and carrying a concealed weapon
Weapon Categories and Penalties in Queensland
Queensland classifies weapons into categories A, B, C, D, E, H, M and R under the Weapons Categories Regulation 1997. The maximum penalty for unlawful possession depends on the category and number of weapons involved. Possessing a category A, B or M weapon can carry up to seven years’ imprisonment, while category C or E weapons can carry up to 10 years and category D, H or R weapons up to 14 years. Possessing 10 or more weapons can increase the maximum to 15 years, or 20 years where at least five are category D, E, H or R weapons.
For a detailed breakdown of the weapons included in each category, see the Queensland Police guide to weapons categories.
Other offences carry separate maximum penalties. Possessing an unregistered firearm as a licensee can attract 120 penalty units, while carrying a knife in a public place or school can carry up to 18 months’ imprisonment for a first offence and two years for a later offence. Unlawful supply can carry between 10 and 20 years depending on the category and number of weapons, shortening a firearm can carry up to 14 years, modifying a firearm up to 15 years, and unlawful trafficking in weapons or explosives can carry life imprisonment. These are maximum penalties rather than predictions of the sentence in an individual case, and some specified adult firearms offences also carry mandatory minimum periods of imprisonment.
Defences to Weapons and Firearms Charges
The right defence depends on the charge and how the weapon came into your possession. We assess every option, including:
- Reasonable or lawful excuse (for example, a knife carried for a genuine work purpose)
- Lack of possession, where the weapon was not in your custody or control
- A licensing defence, where you held or were entitled to the relevant licence
- Challenging the weapon’s category, which can change the offence and penalty
- Challenging the lawfulness of the police search or seizure
- Self-defence or defence of property, where relevant
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
FEATURED
The laws surrounding firearms complex and require legal assistance
Facing the Complexities of Weapons Licensing?
A single offence can lead to severe consequences, including the loss of your licence. Our team has an in-depth understanding of these laws and can provide the expert guidance you need.
Our Weapons Licensing Services
At Sibley Lawyers, we provide comprehensive legal assistance for all aspects of weapons licensing in Queensland. Our team of expert lawyers is dedicated to helping you manage the complexities of firearms laws and secure the appropriate licences for your needs. We offer personalised guidance and strong advocacy to ensure your rights are protected throughout the process.
New Licence Applications
Applying for a new firearms licence can be a complex and confusing process. Our lawyers will guide you through every step, from determining your eligibility and gathering the necessary documentation and ensuring your application meets all legal requirements. We’ll help you understand the specific criteria and eligibility requirements.
Licence Renewals
Renewing your firearms licence is not a guaranteed outcome. Our team will assist you through the process, or if your renewal has been denied, the review process.
Reviewing a Denied Licence
If your firearms licence application has been denied, our team can help you review the decision in QCAT. We have extensive experience in administrative law and a proven track record of success in overturning unreasonable administrative decisions. We’ll carefully review the reasons for the denial, gather supporting evidence, and present a compelling case to the Tribunal on your behalf.
A Step-by-Step Guide to Securing Your Licence or Defending a Weapons Charge
Our Weapons Licensing Process
Sibley Lawyers believes in transparency and clarity throughout your weapons licensing journey. Here’s how we guide you to a successful outcome:
Consultation & Eligibility
We start with a thorough consultation to understand the facts and issues relevant to your case.
Application Assistance
We can help you prepare an application, including gathering necessary documents, articulating your genuine reason, and ensuring secure storage compliance.
Expert Legal Analysis
If you are charged with a weapons offence, whether this was in conjunction with a weapons licence or not, we will prepare your defence and minimise the potential impact upon you.
Submission & Monitoring
We submit your application and track its progress, keeping you informed of any updates or requests for information.
Ongoing Support
Our meticulous approach and personalised guidance ensure your application is handled with expertise and care, maximising your chances of success.
Domestic Violence Orders and Your Weapons Licence
A domestic violence order has serious consequences for a weapons licence. Being named as a respondent generally means your licence is revoked and you are disqualified from holding one, commonly for 5 years. We advise on the licensing consequences of a domestic violence order and on show-cause notices, revocations and appeals to QCAT.
Firearms charges often accompany other allegations. See our criminal law services for the full range of charges we defend, including assault and drug offences.
Frequently Asked Questions
Is It Illegal to Carry a Knife in Public in Queensland?
It is illegal to physically possess a knife in a public place or school in Queensland without a reasonable excuse. A genuine work purpose, lawful sport or recreation, or another lawful use may provide a reasonable excuse, depending on the circumstances. A genuine religious purpose can provide a reasonable excuse in a public place, but not in a school.
A first offence under section 51 of the Weapons Act 1990 carries a maximum of 50 penalty units or 18 months’ imprisonment. A second or later offence carries a maximum of 100 penalty units or two years’ imprisonment. Self-defence is not a reasonable excuse for carrying a knife.
Will I Go to Jail for a First-Time Weapons Offence?
A first-time weapons offence does not automatically result in imprisonment. The possible sentence depends on the charge, the weapon category, the alleged circumstances, any applicable minimum penalty and the person’s individual circumstances.
Some specified adult firearms offences carry mandatory minimum periods of imprisonment. A firearms lawyer can review the precise charge and explain whether one of those provisions is alleged to apply.
Can Police Search My Home Without a Warrant for Weapons?
Police can search a home without a warrant only where a specific legal power permits it, such as with the occupier’s consent, in an emergency or under another statutory authority. Otherwise, police will generally require a search warrant to search a private dwelling.
Whether a search was lawful depends on the power relied on and how it was exercised. If there is a concern about a search or seizure, we can review the circumstances and advise whether an application concerning the evidence may be available.
Police Seized My Firearms. Can I Get Them Back?
Whether police-seized firearms can be returned depends on why they were seized, whether criminal or licensing proceedings remain unresolved, your authority to possess them and whether any forfeiture, disposal or destruction decision applies.
In some circumstances, return or transfer to a licensed dealer or another authorised person may be available. We can review the seizure and advise you about the options that apply to your matter.
What Happens to My Weapons Licence if There Is a Domestic Violence Order?
What happens to a weapons licence depends on the type of domestic violence order or police action involved.
A temporary protection order, police protection notice or relevant release conditions generally suspend a weapons licence while they remain in force. A final protection order or police protection direction revokes the licence.
A final domestic violence order or police protection direction made or issued within the previous five years can also prevent a person from satisfying the fit-and-proper-person requirement for a weapons licence. We advise on licence suspensions and revocations and on any available QCAT review rights.
These FAQs are general information only and do not constitute legal advice. The law is complex and fact-specific. You should seek independent legal advice for your particular situation.
OTher services
Legal Insights
Stay informed about the latest legal developments and gain valuable insights by reading our blog. We regularly publish articles on a variety of legal topics.
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
- Author Justin Sibley
- Published
Don't let the complexities of weapons and weapons offences hold you back
Contact Sibley Lawyers today for a confidential consultation. Our experienced team will guide you through the process, protect your rights, and help you achieve a successful outcome. We’re here to answer your questions, address your concerns, and provide the expert legal support you need to confidently navigate the world of firearms ownership.
Join Our Mailing List
Sign up for our newsletter to receive updates on legal news, firm announcements, and helpful resources.
