Firearm and weapon offences are among the most serious criminal matters in Australia. With strict state and federal legislation in place, anyone found in possession of a firearm or prohibited weapon without proper authorisation can face severe penalties — including imprisonment. Whether it’s an unlicensed firearm, a flick knife, or even a replica weapon, these laws aim to ensure public safety and prevent violent crime.
Below, we explain the most common firearm and weapon offences, how charges are laid, available defences, and the laws in each Australian state and territory.
Unauthorised possession or use of firearms
Carrying or using a firearm without a valid licence or permit is a criminal offence.
Possession of unregistered firearms
Even if licensed, you must ensure the firearm itself is registered.
Failure to store firearms safely
Guns must be stored securely. Breaches can result in fines or criminal charges.
Prohibited modifications or alterations
Modifying a firearm to increase its firepower or disguise it can lead to additional charges.
Use of firearms in a dangerous or reckless manner
Discharging firearms in public or during altercations is heavily penalised.
Possession of prohibited weapons
Includes items like switchblades, knuckle dusters, tasers, slingshots, and batons.
Carrying a knife in public without lawful excuse
This is illegal in most public spaces unless for genuine work or religious purposes.
Use of weapons in commission of other crimes
Using any weapon during assaults, robberies, or other offences results in harsher penalties.
Importation or trafficking of weapons
Importing or distributing prohibited weapons without a permit is a federal crime.
Police may charge you after:
A search warrant is executed on your property
A weapon is found during a routine stop
An alleged incident involving threats, violence, or possession
Once charged, the matter may be dealt with summarily in the Magistrates/Local Court or on indictment in a higher court, depending on the seriousness of the offence.
Possible legal defences include:
Lack of knowledge (e.g., unaware the weapon was in your possession)
Lawful purpose (e.g., licensed security guard or farmer)
Temporary possession to prevent harm
Unlawful search or police misconduct
Legislation: Firearms Act 1996 (NSW) and Weapons Prohibition Act 1998 (NSW)
Court: Local or District Court depending on the offence
Penalties: Up to 14 years imprisonment for serious offences like unauthorised possession of a prohibited firearm
Legislation: Firearms Act 1996 (VIC) and Control of Weapons Act 1990 (VIC)
Key Feature: Prohibited weapons list includes flick knives, crossbows, and batons
Penalties: Possession without lawful excuse can result in up to 2 years imprisonment
Legislation: Weapons Act 1990 (QLD)
Note: Includes categories A–H for licensing of firearms
Penalties: Unsafe storage alone can attract up to 2 years’ jail
Legislation: Firearms Act 1973 (WA) and Weapons Act 1999 (WA)
Unique Aspect: Very strict on edged weapons; even pepper spray is classified as a prohibited weapon
Penalties: Severe, with some offences carrying mandatory jail terms
Legislation: Firearms Act 2015 (SA)
Key Point: Strong controls on replica and gel blaster firearms
Penalties: Up to 10 years for unauthorised possession
Legislation: Firearms Act 1996 (ACT) and Prohibited Weapons Act 1996 (ACT)
Court: Magistrates or Supreme Court
Penalties: Up to 5 years for possession of a prohibited firearm
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
