The law and weapons

Posted 10/01/2019

Below are some common questions regarding the law in Queensland and weapons. 

Can I use another person's firearm while shooting?

Yes, if you are licensed for the categories of firearms the other person is licensed for. You may use their firearm as long as the firearm is a registered firearm.

Is a weapons licence required to possess/use laser pointers?

The possession and use of a laser pointer with an output greater than 1 milliwatt is restricted to persons with a reasonable excuse. A reasonable excuse is defined in the Act and allows members of recognised astronomical organisations and people who have genuine occupational reasons to have possession of a laser pointer with a power output of less than 20 milliwatts.

Firearms licensees who have possession of a firearm that has the capacity to use a laser pointer with a power output of less than 10 milliwatts will also be considered to have a reasonable excuse. The possession and use of laser pointers for any purpose is not be restricted where the laser pointer is less than 1 milliwatt.

The regulation of laser pointers aligns Queensland with other Australian jurisdictions and the Customs (Prohibited Imports) Regulations 1956 (Cth) which restricts the importation of laser pointers.

Can I take my pocket knife to school?

No. Section 51 of the Weapons Act 1990 stipulates that:

A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.” 

Self-defence is not a reasonable excuse to physically possess a knife in a public place or a school.

Can I carry a knife for work/sport/other purposes?

It is a reasonable excuse to physically possess a knife to perform a lawful activity, duty or employment; to participate in a lawful entertainment, recreation or sport, for exhibiting the knife or for use for a lawful purpose.  Examples as quoted in section 51 of the Weapons Act 1990 are:

  • a person may carry a knife on his or her belt for performing work in primary production
  • a scout may carry a knife on his or her belt as part of the scout uniform
  • a person may carry a knife as an accessory while playing in a pipe band
  • a fisher may carry a knife for use while fishing
  • a person who collects knives may exhibit them at a fete or another public gathering
  • a person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park, or
  • a person may carry a pen knife or swiss army knife for use for its normal utility purpose.

It is also a reasonable excuse to possess a knife in a public place for genuine religious purposes, such as a Sikh Kirpan.  However, it is not a reasonable excuse to possess a knife for religious purposes in a school.

factsheet is available providing more information on the laws relating to bladed weapons.

Do I need a licence to possess swords in Queensland?

No, swords do not need to be registered to a licence issued under the provisions of the Weapons Act 1990.  However, the misuse provisions of section 57, section 58 and section 59 of the Weapons Act 1990, apply to persons who possess swords in Queensland.

Can I import swords, daggers or knives into Queensland?

Inquiries should be made before purchase as some restrictions apply, due to classification of the items under the Weapons Act 1990.  Items must not fall under the classification of Category M items (refer to section 7A of the Weapons Categories Regulation 1997). 

A full description of the item is to be supplied along with pictures of the item.  If the item is displayed on a website, supply address details of the website to assist with viewing pictures and describing the item.  You will need to apply for an importation of weapons police confirmation (B709A, B or D – Import Permit).

factsheet is available on Category M bladed weapons

Can I possess or manufacture a spud-gun or a spud-zooka?

No. Any spud-gun that is capable of causing bodily harm is a weapon.  They cannot be licensed, registered or lawfully possessed.  Possession and manufacturing such an item is an offence.

Can I possess WWII and Vietnam flak jackets?

Yes.  These do not require licensing provided they are not designed to prevent penetration of small arms fire and are not classified as Category E weapons under the Weapons Categories Regulation 1997

If you are importing this article you will need to make an application for an importation of weapons police confirmation (B709A, B or D – Import Permit).

More on importing weapons or ammunition

Does military ordnance require licensing?

Military ordnance is defined in the military dictionary as explosives, chemicals, pyrotechnics and similar stores (e.g. bombs, guns and ammunition, flares, smoke or napalm).

The licensing of explosives, ammunition and their components including military ordnance is administered by Resources Safety & Health Queensland.