Weapons & Firearms Lawyers — Strict Laws. Real Consequences.

Q: Can I legally carry a knife in a public place?

It depends on the state and knife type. Folding pocket knives may be lawful with a reasonable excuse. Prohibited knives (flick knives, gravity knives) are illegal regardless. A lawyer can advise on your state's specific rules.

Q: What happens to my firearms licence if I receive a domestic violence order?

All states require surrender of all firearms and suspension or cancellation of your licence following a DVO. Failure to surrender is a criminal offence. Legal advice on contesting a DVO is worth seeking urgently.

Q: I found an old firearm in a deceased relative's estate — what do I do?

Do not handle it until you have legal advice. Most states have estate firearm handover procedures. Following the correct process avoids an inadvertent possession charge.

Weapons and firearms charges are among the most strictly regulated criminal matters in Australia. Possession of an unlicensed firearm, carrying a prohibited weapon, or trafficking in firearms all carry serious mandatory penalties — with limited room for mitigating factors. Early specialist advice on defences, classification issues, and sentencing is essential. Connect with a criminal lawyer before your first court appearance.

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⚠ Weapons and firearms charges often carry strict liability elements — meaning no intent needs to be proved. The classification of a weapon or firearm, and whether a genuine licence or exception applies, must be assessed immediately. Get legal advice now.

What We Help With

Weapons and firearms charges — possession, trafficking, and licensing.

Weapons charges range from possession of a prohibited article (knife, knuckleduster) to unlicensed firearms possession and serious firearms trafficking. Each requires specific legal strategy based on classification, intent, licensing status, and purpose.

Possession of a Prohibited Weapon

Possession of knuckledusters, flick knives, tasers, and other prohibited articles without a lawful excuse. Classification issues and lawful purpose exceptions can be critical to the defence.

Unlicensed Firearms Possession

Possessing a firearm without the required licence is a serious offence. Licence status, whether the firearm was registered, and the category of firearm all affect the charge level and penalty range.

Carrying a Weapon in a Public Place

Carrying a knife, offensive weapon, or other prohibited article in a public place — including vehicles. Reasonable excuse defences apply in some circumstances and require specific evidence.

Aggravated Weapons Offences

Using or possessing a weapon in connection with another offence (robbery, assault, drug trafficking). Aggravated weapons charges carry significantly higher maximum penalties and often require contested hearings.

Firearms Trafficking

Supply, distribution, or trafficking of prohibited or unregistered firearms — at the state level or under Commonwealth law (Criminal Code Act 1995). Firearms trafficking charges carry lengthy maximum sentences.

Licence Cancellation & Appeals

Where a firearms or weapons licence has been refused or cancelled — including appeals against refusal and review of conditions. Relevant for primary producers, collectors, security professionals, and sport shooters.

What the Law Says

Weapons and firearms law — classification, strict liability, and defences.

Firearms and weapons law is governed by state and territory legislation, with Commonwealth law applying to the most serious trafficking and importation offences. Classification, licensing, and lawful excuse are the key issues in most matters.

Firearms categories and licensing — why classification matters

Firearms in Australia are classified into categories (A through H, plus prohibited weapons) under each state's Firearms Act. The licensing requirements, storage obligations, and penalties for unlicensed possession differ significantly between categories. A category H handgun is subject to far stricter controls than a category A rimfire rifle. A lawyer assesses the correct classification of the firearm and whether any licensing exceptions, permit conditions, or category disputes apply to the charge.

Strict liability and the honest and reasonable mistake defence

Many weapons possession offences are strict liability — the prosecution does not need to prove intent or knowledge. However, a defence of honest and reasonable mistake of fact is available where the accused had a genuine belief in a state of facts that, if true, would mean no offence was committed. For example, a person who genuinely believed a weapon was exempt from licensing may have a viable defence if that belief was both honest and reasonable in all the circumstances. This requires careful factual analysis.

Lawful excuse and reasonable purpose

Carrying a knife or prohibited article in a public place can be excused where there is a lawful reason — including for use in a profession or trade, for genuine recreational or sporting purposes, for religious reasons, or in some states for a reasonable excuse assessed subjectively. The onus is on the accused to raise the excuse, after which the prosecution must disprove it. A lawyer assesses whether a lawful excuse defence is available and how to present it effectively.

Mandatory sentencing and firearms trafficking

Several states have mandatory minimum sentences for serious firearms offences — including possession of a loaded firearm in a public place, trafficking, and use of a firearm in a serious indictable offence. Commonwealth firearms trafficking (importing, exporting, or supplying prohibited firearms across state or international borders) carries maximum sentences of life imprisonment under the Criminal Code Act 1995 (Cth). Understanding whether mandatory minimums apply before sentencing is essential to effective plea advice.

Firearms and domestic violence — special rules

Domestic violence orders (DVOs/AVOs) in all states trigger an automatic suspension or cancellation of any existing firearms licence and require immediate surrender of all firearms. Failure to surrender is a criminal offence. Where a DVO is sought, a lawyer can advise on the licensing consequences and, where appropriate, contest the DVO to preserve a licence that is important for employment (primary production, security work).

Sentencing weapons matters — aggravating and mitigating factors

Courts sentencing weapons matters consider the nature and classification of the weapon, whether it was operational and loaded, whether it was possessed in connection with other criminal activity, the accused's prior history, and any genuine purpose. Strong mitigation — including good character, no prior history, genuine rehabilitative steps, and a compelling personal narrative — can influence whether a custodial sentence is imposed. Sentencing preparation should begin the moment charges are laid.

How It Works

One request. The right weapons charge lawyer.

Tell us the charge, the weapon or firearm type, your state, and your court date. A criminal lawyer with weapons and firearms experience will contact you for a free consultation.

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Describe the charge

Tell us the weapon or firearm type, the charge (possession, trafficking, licensing offence), your state, and your next court date.

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Your request is matched to a lawyer experienced in weapons and firearms charges — including licensing issues, classification disputes, and mandatory sentencing matters.

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A criminal lawyer contacts you for a free consultation — assessing defences, licensing status, and how to approach the matter before your court date.

Common Questions

Weapons & firearms — frequently asked questions.

Can I legally carry a knife in a public place?

It depends on your state and the type of knife. A folding pocket knife for general use may be lawfully carried in some states with a reasonable excuse — for use in a profession, for sport, or for genuine utility. A flick knife, gravity knife, or knife with a blade over a prescribed length is prohibited regardless of excuse in most states. Carrying any knife in a school or licensed premises is a separate aggravated offence. A lawyer can advise on the specific law in your state.

What happens to my firearms licence if I receive a domestic violence order?

In all states, a domestic violence order (DVO/AVO) triggers an automatic obligation to surrender all licensed firearms and results in the suspension or cancellation of your firearms licence. Failure to surrender within the required period is a criminal offence. If you are a primary producer or hold a firearms licence for employment, the licence consequences of a DVO can be severe — legal advice on contesting a DVO or seeking appropriate conditions is worth obtaining urgently.

I found an old firearm in a deceased relative's estate — what do I do?

You should not handle or move the firearm until you have legal advice. Possession of an unregistered or unlicensed firearm — even in these circumstances — is technically an offence. However, most states have provisions for estate firearms and police handover arrangements that, if followed correctly, result in no charge being laid. A criminal lawyer can advise on the correct procedure for your state to ensure you are not inadvertently committing an offence.