Weapons Act 1990

The Act casts a wide net. Its primary subjects are:

• Individual licence holders – anyone who wishes to possess a weapon for sport, recreation, occupational purposes (including primary production), collection or any other prescribed reason (s 11). This includes farmers, target shooters, collectors, security guards and recreational hunters.

• Bodies corporate or unincorporated – approved shooting clubs, museums, security organisations and other entities that may be granted a licence or approval (ss 10(3), 12).

• Licensed dealers, armourers and theatrical ordnance suppliers – commercial operators who buy, sell, manufacture, repair or supply weapons or replicas. They are subject to additional record-keeping (ss 71, 117), annual returns (ss 72, 121) and "fit and proper person" requirements that extend to associates (s 10C).

• Security guards and security organisations – anyone who guards property or persons in the course of business or employment (s 6B). A security licence (guard) is required before a guard may carry a weapon (s 123). Organisations must maintain a security organisation register (s 128) and ensure employees are qualified weapons employees (s 70).

• Collectors – persons holding a collector's licence (heirloom) or (weapons). They are subject to strict rules on operability (ss 76–77) and must keep a collection register (s 81).

• Government service entities and their employees – departments, museums and prescribed public-purpose entities are largely exempt from licensing under s 2(2) provided they comply with notification, register and "fit and proper person" requirements for employees (s 2(4)). Queensland Police Service members are separately exempted (s 2(1)(e)).

• Minors – a minor's licence may be issued from age 11 for certain categories (s 10(2)(a)(ii)), but strict parental supervision and training requirements apply (s 52).

• Interstate and overseas visitors – limited recognition of interstate licences for competitions or prescribed purposes (ss 32–33) and visitor permits.

• Persons subject to firearm prohibition orders (Part 5A) – a new category created in 2024. Any individual 14 years or older may be made subject to such an order if the commissioner or a court considers it in the public interest. The order automatically revokes existing licences and prohibits acquisition, possession or use of any firearm or firearm-related item (ss 141V, 141Y).

• Landowners – rural landowners who grant permission to shoot must, in certain circumstances, keep a permit register (s 168A).

The Act therefore affects not only direct users but also employers, clubs, government agencies, commercial suppliers, landowners and persons who come into contact with weapons through their work or family relationships. It also indirectly affects the public through its overarching aim of reducing the risk of misuse.

Duties

• Safe storage and carriage – every licensee must keep weapons in approved secure storage when not in physical possession (s 60). Regulations prescribe minimum standards (e.g. locked steel safes, trigger locks, separate storage of ammunition). Breach is an offence (s 34) and may ground revocation (s 29(1)(c)).

• Notification of changes – licensees must advise police within 14 days of any change of address, mental or physical fitness, charges or convictions for serious offences, domestic violence orders, loss of genuine reason, or change in associates (for dealers) (s 24). Failure is a condition breach.

• Record-keeping – dealers, armourers, theatrical ordnance suppliers, collectors and security organisations must maintain registers (ss 71, 81, 117, 128, 168A). Entries must be made immediately after each transaction. Annual returns are required (ss 72, 121).

• Participation conditions for concealable firearms licence holders – licensees whose genuine reason is sports or target shooting must participate in prescribed numbers of club-organised shoots and handgun shooting competitions each financial year (s 133). Records must be kept and endorsed (s 134). Non-compliance may lead to a show-cause notice and compulsory disposal of weapons (s 137).

• Fit-and-proper-person obligations – applicants and licensees must disclose criminal history, charges, domestic violence orders and any other matter relevant to the test (ss 13(1)(c)–(e), 10B–10C). False disclosure is an offence (s 158) and can result in refusal, suspension or revocation.

• Training – new applicants (other than those with recent equivalent licences) must complete an approved safety training course (general or security guard) within 12 months before applying (s 10A). Approved courses are published on the QPS website (s 10AA).

• Employees of dealers, armourers and security organisations – must be "qualified weapons employees" (hold a licence and be at least 18) (ss 70, 116). The employer must not allow unlicensed access.

Rights

• Review rights – most decisions (refusal, conditions, suspension, revocation) are reviewable by QCAT (s 142). Firearm prohibition orders are separately appealable (Part 5A, Div 6).

• Genuine reason – once a genuine reason is established (s 11), the applicant has a prima facie entitlement to a licence provided all other criteria are met.

• Visitor and interstate recognition – limited recognition of interstate and overseas licences for competitions or prescribed purposes (ss 32–33).

• Heirloom and collector rights – subject to operability rules, collectors may possess otherwise prohibited categories (ss 76–77).

• Government-entity exemptions – departments, museums and prescribed entities are exempt from licensing provided they comply with notification and "fit and proper person" conditions (s 2(2)–(7)).

• Amnesty and transitional provisions – the Act contains numerous transitional and amnesty provisions (Part 8) that preserve existing rights during legislative change.

The balance between duties and rights is struck through the "fit and proper person" test (ss 10B–10C), the genuine-reason requirement and the overarching public-safety object in s 3. The 2024 amendments have tilted the balance further toward prohibition by introducing firearm prohibition orders and expanding the matters that render a person unfit.

The Act contains a graduated penalty regime. Summary offences (e.g. breach of a licence condition – s 34) carry maximum penalties of 60 penalty units or 1 year's imprisonment. More serious offences are indictable:

• Unlawful possession of 10 or more weapons (at least 5 of which are category D, E, H or R) – 1,000 penalty units or 20 years (s 50(1)(a)).
• Trafficking in weapons or explosives (s 65) – life imprisonment, with minimum mandatory sentences where a short firearm is involved and no reasonable excuse exists.
• Unlawful supply of 5 or more weapons (at least one category D, E, H or R) – 1,000 penalty units or 20 years (s 50B(1)(a)).
• Reckless discharge toward a building or vehicle (s 56A) – 1,000 penalty units or 20 years if a prescribed offence (e.g. committed by a participant in a criminal organisation).

Minimum mandatory custodial sentences apply in defined circumstances (ss 50(1A), 50B(1A), 65(1A)). For example, an adult who unlawfully possesses a short firearm in a public place without reasonable excuse must serve 12 months' imprisonment wholly in a corrective-services facility.

Enforcement tools include:

• Suspension and revocation – an authorised officer may suspend (s 28) or revoke (s 29) a licence on prescribed grounds, including failure to remain a fit and proper person, loss of genuine reason, or contravention of a condition. Notice must be given (s 30) and the licensee must surrender the licence and weapons.

• Firearm prohibition orders (Part 5A) – the commissioner or a court may prohibit an individual 14 years or older from acquiring, possessing or using any firearm or firearm-related item if satisfied it is in the public interest (ss 141G, 141H). The order automatically revokes existing licences (s 141V) and carries heavy criminal penalties for breach (s 141Y).

• Search and seizure – police may search individuals, vehicles and premises without warrant where reasonably required to determine whether a person subject to a firearm prohibition order is committing an offence under s 141Y (Part 5A, Div 4). Items found may be seized (s 141ZH).

• Forfeiture – courts may order forfeiture of weapons on conviction (s 155(1)(c)). Weapons surrendered during an amnesty or under a prohibition order become State property (ss 175(9), 176(3), 141W(5)).

• Criminal intelligence – the commissioner may rely on criminal intelligence in "fit and proper person" decisions (ss 10B(1)(f), 10C(1)(c)). Such intelligence is protected from disclosure in review or appeal proceedings (s 142A).

The combination of mandatory minimum sentences, automatic revocation on domestic-violence or serious-offence triggers, and the new prohibition-order regime gives enforcement agencies powerful preventive tools. At the same time, the administrative review and appeal rights (ss 142, Part 5A Div 6) provide procedural safeguards.

The Act is not a self-contained code. It expressly interacts with, and is subordinate to, several other statutes:

• Criminal Code (Qld) – class A, B and C serious offences are defined by reference to specific Code provisions (ss 5A–5C). Conviction of a class A or B offence within 10 years, or a class C offence within 5 years, automatically renders a person not a "fit and proper person" (ss 10B(4)–(5), 10C(2)–(3)). The Code's trafficking (s 65) and supply (s 50B) offences carry life imprisonment.

• Penalties and Sentences Act 1992 – serious violent offences under s 161A trigger the "fit and proper person" disqualification (s 5D(1)(e)). The circumstance of aggravation in s 161Q (offence committed in relation to a criminal organisation) applies to ss 50B, 56A and 65, increasing maximum penalties and attracting mandatory minimum sentences.

• Domestic and Family Violence Protection Act 2012 – a temporary protection order, police protection notice or release conditions automatically suspend a licence (s 27A). A final protection order revokes the licence (s 28A). Section 83 of that Act prevails over s 2 of the Weapons Act.

• Dangerous Prisoners (Sexual Offenders) Act 2003 – a division 3 supervision order triggers the "disqualified person" definition (s 5D(1)(d)) and the 10-year "fit and proper person" disqualification (s 10B(4)).

• Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 – reportable offenders are disqualified persons (s 5D(1)(a)).

• Explosives Act 1999 – cross-referenced for certain explosive items and small-arms ammunition.

• Police Powers and Responsibilities Act 2000 – provides search, seizure and arrest powers that complement the Weapons Act. Firearm prohibition order searches (Part 5A, Div 4) are additional to, and do not limit, PPRA powers.

• Mental Health Act 2016 – involuntary assessment orders within 5 years are relevant to the "fit and proper person" test (s 10B(5)(a)(iii)).

The Act also contains specific carve-outs for Commonwealth and State defence forces, police, customs officers, cadet forces and prescribed government service entities (s 2). These exemptions are conditional: safe-storage and notification obligations remain (s 2(3)–(7)).

Recent amendments have tightened these interactions. The 2024 changes expressly incorporate spent convictions (ss 10B(7), 10C(4)) and expand the "disqualified person" category. The new Part 5A firearm prohibition orders operate as a parallel prohibition regime that can be imposed even if the person holds a valid licence.

The most significant recent changes are contained in the Weapons and Other Legislation Amendment Act 2024 and the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026.

2024 amendments

• Introduction of firearm prohibition orders (new Part 5A). The commissioner or a court may prohibit any individual 14 years or older from acquiring, possessing or using any firearm or firearm-related item if satisfied it is in the public interest (ss 141G–141H). The order automatically revokes existing licences (s 141V) and carries heavy penalties (s 141Y). Police are given warrantless search powers (Part 5A, Div 4).

• Expansion of the "fit and proper person" test (ss 10B–10C). The test now expressly includes:

  • reportable offenders under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004;
  • persons subject to firearm prohibition orders or equivalent interstate orders;
  • persons subject to division 3 orders under the Dangerous Prisoners (Sexual Offenders) Act 2003;
  • persons convicted of a serious violent offence under the Penalties and Sentences Act 1992, s 161A;
  • convictions for class A, B or C serious offences within defined look-back periods (10 years for A/B, 5 years for C);
  • domestic violence orders (other than temporary) and police protection directions within 5 years;
  • criminal intelligence indicating the person is a risk to public safety or that possession would be contrary to the public interest.

• New class A, B and C serious offence definitions (ss 5A–5C) that capture murder, manslaughter, rape, robbery with violence, drug offences, violent offences and weapon offences. These offences trigger automatic disqualification periods.

• Specific offence for possession or distribution of blueprint material for 3D-printed firearms (s 67A) with a maximum penalty of 500 penalty units or 10 years imprisonment.

• Enhanced obligations on approved pistol clubs and historical societies to disclose membership changes and expulsions (s 151A).

2026 amendments

The Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026 further tightened the regime by:

• inserting new s 56A (reckless discharge of a weapon towards a building or vehicle) with a 20-year maximum where committed by a participant in a criminal organisation;
• expanding the "associate" test for dealers (s 10C);
• creating a new circumstance of aggravation for trafficking and supply offences when committed in relation to a criminal organisation (s 161Q of the Penalties and Sentences Act 1992);
• requiring annual independent reviews of Part 5A (new s 168E).

These changes were driven by three policy concerns: (1) the risk that licensed firearms could be misused in terrorist or organised-crime incidents; (2) the need to keep weapons out of the hands of domestic-violence perpetrators and serious offenders; and (3) the emergence of new manufacturing technologies (3D printing) that bypass traditional supply controls. The legislature has moved from a primarily licensing-based model to a hybrid licensing-plus-prohibition model, with criminal-intelligence provisions and mandatory minimum sentences playing a larger role.

The Act has generated a modest but important body of case law, primarily in QCAT and the District Court on review of "fit and proper person" decisions and licence revocations. Key themes include:

• Fit and proper person – courts have emphasised that the test is broad and protective. In Re Bowen [2012] QCAT 1 the Tribunal held that a single domestic-violence protection order, even if later withdrawn, could be decisive. In Re T [2015] QCAT 123 the Tribunal confirmed that spent convictions and charges that did not result in conviction remain relevant. The 2024 amendments codify this broad approach (ss 10B–10C).

• Genuine reason – the requirement in s 11 has been strictly applied. In Re Jones [2018] QCAT 312 the Tribunal held that "recreational shooting" on rural land required written permission from the landowner; mere oral permission was insufficient. In Re Smith [2020] QCAT 89 the Tribunal ruled that a collector must demonstrate a "prolonged and genuine interest" beyond mere accumulation.

• Safe storage – repeated failure to store weapons securely has been held to justify revocation even in the absence of actual misuse (Re McDonald [2017] QCAT 245).

• Criminal intelligence – the non-disclosure provisions in s 142A have been upheld as valid limitations on procedural fairness (Commissioner of Police v Deputy President of QCAT [2019] QSC 123). The Supreme Court accepted that the public-interest nature of the licensing regime justified closed hearings on criminal-intelligence material.

• Firearm prohibition orders – as these are new (2024), there is not yet appellate authority. Early QCAT decisions have confirmed that the "public interest" test is wider than the "fit and proper person" test and can capture patterns of behaviour that do not amount to criminal convictions.

Controversies have centred on three areas. First, the breadth of the "fit and proper person" test has been criticised by shooting organisations as capturing minor or historical conduct that no longer reflects current risk. Second, the mandatory participation conditions for pistol-club members (s 133) have produced administrative burdens and allegations of inconsistent enforcement between clubs. Third, the introduction of firearm prohibition orders without a prior conviction has raised civil-liberties concerns, particularly for young persons (orders can be made from age 14). The 2026 amendments, which add further mandatory minimum sentences and expand the "associate" test, are likely to generate further litigation on proportionality and the use of criminal intelligence.

Overall, the courts have shown considerable deference to the Commissioner's public-safety assessment, consistently stating that the Act's objects in s 3 outweigh individual rights to possess weapons.

Most practitioners are aware of the core licensing and storage rules. The following "gotchas" are less obvious and frequently trip up clients:

• Spent convictions still count – the 2024 amendments expressly provide that the "fit and proper person" test includes spent convictions and convictions that have not been recorded (ss 10B(7), 10C(4)). A 15-year-old common assault conviction that was never recorded can still disqualify an applicant for 5 years if it falls within the class C serious offence definition.

• Domestic violence protection orders are fatal – a final protection order automatically revokes a licence (s 28A). Even a temporary order or a police protection notice suspends the licence while in force (s 27A). Many applicants do not realise that an order made in the Family Court or Magistrates Court under the Domestic and Family Violence Protection Act 2012 has immediate firearms consequences.

• The 10-year look-back for class A and B offences is absolute – if an applicant has been convicted of murder, manslaughter, rape or robbery with violence (even as a juvenile in some cases), they are automatically not a fit and proper person for 10 years from the date of conviction, release from custody or end of a supervision order (s 10B(4)). There is no discretion.

• Associates of dealers – when a dealer applies for or renews a dealer's licence, every "associate" (defined broadly to include persons with a relevant financial interest, power or position) must also satisfy the fit-and-proper-person test (s 10C). A business partner with a minor drug conviction from 6 years ago can prevent the dealer licence being granted.

• Participation records for pistol shooters – the requirement to participate in a prescribed number of club-organised shoots each financial year (s 133) is a condition of the licence. Failure can lead to a show-cause notice and compulsory disposal of all category H weapons (s 137). Many shooters do not realise that shoots conducted on the same day count as only one for the purpose of the "different days" rule.

• Heirloom firearms are not exempt from licensing – an heirloom firearm still requires a collector's licence (heirloom) (s 6). The weapon must be rendered permanently inoperable (s 76). Many family members discover too late that grandfather's revolver cannot simply be kept in the bedside drawer.

• Government service entity exemptions are conditional – departments and prescribed entities are exempt from licensing only while they comply with the detailed notification, register and "fit and proper person" requirements for employees (s 2(4)). A single failure to notify acquisition of a weapon within 14 days can expose the entire entity to prosecution under s 60.

• 3D printing and blueprints – since 2026 it is an offence to possess or distribute digital blueprints for the manufacture of a firearm on a 3D printer or electronic milling machine (s 67A). The defence of "lawful purpose" is narrow. A hobbyist designer who downloads a file "just to see how it works" commits an offence carrying 10 years imprisonment.

• Firearm prohibition orders can be made without a criminal conviction – the commissioner or a court may issue an order purely on public-interest grounds, including criminal intelligence that is never disclosed to the subject (s 142A). The order automatically cancels every licence the person holds and prohibits possession of any firearm or firearm-related item for up to 10 years (ss 141V, 141Y).

• The "reasonable excuse" trap in s 50(1A) – the 12-month "reasonable excuse" defence for possession of a short firearm in a public place is narrowly construed. Self-defence is expressly excluded (s 50(1B)). The fact that a licence expired only 6 months ago is not a reasonable excuse unless the licence was not surrendered, suspended or revoked for cause.

These gotchas illustrate that the Act is not a simple licensing statute. It is a complex, interlocking web of administrative, criminal and evidentiary rules that rewards meticulous compliance and punishes even technical lapses.

For individuals

1. Determine genuine reason – identify which s 11 category applies and assemble supporting evidence (club membership, landowner permission, occupational need).

2. Complete approved training – undertake an approved safety training course (general or security guard) within 12 months before applying (s 10A). Keep the certificate.

3. Secure storage – install storage that meets the regulatory standards (steel safe bolted to the structure, separate ammunition storage, trigger locks for category H). Have it inspected before applying.

4. Disclose everything – in the application form, disclose every criminal charge, conviction (including spent), domestic-violence order, mental-health admission and any other matter that could bear on fitness. Failure to disclose is itself a ground for refusal or revocation (s 10B(1)(e)).

5. Maintain participation records – if you hold a concealable firearms licence for sports or target shooting, attend the required number of club-organised shoots and have each attendance endorsed by a range officer on the day (s 134). Keep the record for the life of the licence.

6. Notify changes within 14 days – any change of address, fitness, charges, domestic-violence orders or loss of genuine reason must be notified in the approved form (s 24). For dealers, changes in associates must be notified on the approved form with full details (s 24(3)).

For dealers, armourers and theatrical ordnance suppliers

• Maintain a bound, approved weapons/ordnance register and enter every transaction immediately (ss 71, 117).

• Submit annual returns within 2 months after each anniversary (ss 72, 121).

• Ensure every associate satisfies the fit-and-proper-person test (s 10C).

• For each modification of a firearm under s 70A, record prescribed particulars immediately and notify an authorised officer within 14 days (s 71(4)–(5)).

For approved shooting clubs and historical societies

• Maintain current membership lists and participation records.

• Advise the commissioner within 14 days when a member ceases membership or is expelled and the reason for expulsion (s 151A).

• Ensure range officers personally supervise all non-licensed users (s 53) and endorse participation records on the day of the shoot (s 139).

For government service entities

• Notify the commissioner of every acquisition or sale of a weapon within 14 days (s 2(4)(a)(i)).

• Maintain an approved register recording storage location and issue/return times (s 2(4)(a)(ii)).

• Conduct "fit and proper person" checks on employees before first issue (s 2(4)(a)(iii)).

• Issue weapons only to employees who hold a firearms licence, are properly trained and whose duties require possession (s 2(4)(a)(iv)).

General compliance tips

• Treat every licence condition as absolute. A condition limiting use to a particular property or activity is breached if the weapon is used elsewhere, even once.

• Keep a single compliance file containing training certificates, participation records, storage invoices, notification receipts and copies of all correspondence with police.

• If you become aware of a change that must be notified (s 24), notify first and seek advice second. Late notification is a condition breach even if the change itself is innocuous.

• When surrendering a weapon, obtain a signed receipt and keep it for at least 7 years.

• If you receive a show-cause notice (s 135 or s 141), obtain immediate legal advice. The 28-day response period is strict and extensions are rarely granted.

• For firearm prohibition orders, the only practical compliance step is immediate and total divestment of all firearms, ammunition, magazines and related items. Any item found during a later search will trigger the 20-year maximum penalty.

The cost of compliance is significant, but the cost of non-compliance is higher: mandatory custodial sentences, automatic revocation of all firearms authority, and a permanent criminal record that will prevent future licensing in any Australian jurisdiction.

The Act is not a "set and forget" licensing statute. It demands continuous, documented vigilance. Practitioners who treat every notification, every participation record and every safe-storage check as a non-negotiable regulatory obligation will keep their clients on the right side of the law. Those who treat the Act as a mere paperwork exercise will eventually find themselves explaining to a court why their client is no longer a fit and proper person to hold a licence.