QLD Criminal Law - Are Firearms Legal for the Purpose of Self-Defence?

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StevenJB

Member
5 April 2017
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Hello,

I'm an 18-year-old male from Queensland and have a question regarding firearms in Australia. I do have very limited information on this section of the law.

The thought came up recently after an incident that happened when I was on my motorcycle and this guy hit me with his vehicle, then came and physically assaulted me and my girlfriend who was on her motorcycle beside me.

My girlfriend ended up in a hospital and this really made me upset with this entire incident that had occurred that day. The question is - are firearms legal for self defence purposes under Criminal Law? And if so, what are the steps to possible obtaining a licence.

As I said I have very limited information on this law which is why I have come here for help. I do have a feeling it is not legal for such possession but just want to clarify it. Is anyone able to help me with these questions?

Thank you.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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I'm not a criminal lawyer, but I do have some experience with the weapons legislation.

The short answer is: no, you can't.

In Queensland, ownership, licensing and control of firearms is covered by the Weapons Act 1990. There are various categories of weapons. Generally speaking, firearms are either 'longarms' (eg rifles, shotguns) or 'concealables' (firearms under 75cm in length, including air pistols, up to .45 calibre). It is illegal to possess a firearm without the appropriate licence, except in isolated circumstances (eg using a firearm at an approved gun range, or as an agent for a licensed shooter in assisting in primary production).

You have to have a genuine reason for seeking licence. Added to this, you must have one of the following genuine reasons if you want a concealables license:

- Sports or target shooting, and you're a member of an approved pistol club;
- Primary production;
- Occupational requirement; and
- On a restricted basis, collecting.

You can't, for example, use a concealable for the purposes of recreational hunting. 'Self-defence' is not considered a genuine reason, unless it is a part of your employment (eg armed security guard).