QLDIn ForceAct
Weapons Act 1990
sec.36Sale or disposal of weapons
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### sec.36 Sale or disposal of weapons
A person must not sell or otherwise dispose of a weapon unless—
the person sells or otherwise disposes of the weapon to a licensed dealer; or
the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens—
through a licensed dealer; or
through a police officer in circumstances prescribed under a regulation; or
the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse.
Maximum penalty—
for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and
for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and
for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.
If the sale or disposal happens under subsection (1) (c) , the person must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation.
Maximum penalty—60 penalty units or 1 year’s imprisonment.
This section does not apply to the disposal of a weapon to a person, if the disposal consists only of a disposal—
for repair; or
to an armourer for storage by the armourer; or
on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or
to a person performing duties as a security guard under a security licence (guard); or
authorised under section 52 , 53 , 54 (2) , 55 or 55A .
s 36 ins 1996 No. 41 s 8
amd 1997 No. 48 s 19 ; 2003 No. 37 s 24 ; 2003 No. 92 s 68 ; 2022 No. 4 s 33
(sec.36-ssec.1) A person must not sell or otherwise dispose of a weapon unless— the person sells or otherwise disposes of the weapon to a licensed dealer; or the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens— through a licensed dealer; or through a police officer in circumstances prescribed under a regulation; or the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.
(sec.36-ssec.2) If the sale or disposal happens under subsection (1) (c) , the person must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation. Maximum penalty—60 penalty units or 1 year’s imprisonment.
(sec.36-ssec.3) This section does not apply to the disposal of a weapon to a person, if the disposal consists only of a disposal— for repair; or to an armourer for storage by the armourer; or on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or to a person performing duties as a security guard under a security licence (guard); or authorised under section 52 , 53 , 54 (2) , 55 or 55A .
- (a) the person sells or otherwise disposes of the weapon to a licensed dealer; or
- (b) the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens— (i) through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or
- (i) through a licensed dealer; or
- (ii) through a police officer in circumstances prescribed under a regulation; or
- (c) the person sells or otherwise disposes of the weapon under other lawful authority, justification or excuse.
- (i) through a licensed dealer; or
- (ii) through a police officer in circumstances prescribed under a regulation; or
- (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and
- (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and
- (c) for a category A or B weapon or a category M crossbow—20 penalty units or 6 months imprisonment.
- (a) for repair; or
- (b) to an armourer for storage by the armourer; or
- (c) on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or
- (d) to a person performing duties as a security guard under a security licence (guard); or
- (e) authorised under section 52 , 53 , 54 (2) , 55 or 55A .