How to defend weapons and explosive charges in Qld
Weapons and explosives offences in Queensland are taken extremely seriously and can result in lengthy prison sentences. These charges often arise from police searches, alleged manufacturing, or breaches of firearm licensing laws. Our Brisbane criminal defence lawyers explain the main offences, penalties, and how to defend these cases under Queensland law.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our leading Brisbane criminal lawyers.
What is unlawful dealing with explosives or noxious substances in Queensland?
Under section 470A of the Criminal Code 1899 (Qld), it is a crime to wilfully and unlawfully make, possess, or leave an explosive or noxious substance in circumstances that may cause injury or property damage. The maximum penalty is 7 years imprisonment.
To prove the offence, the prosecution must establish beyond reasonable doubt that:
The item is an explosive or noxious substance
You made, possessed, deposited, or left it
The circumstances could cause injury or damage
Your actions were wilful and unlawful
What is a ‘noxious substance’?
In R v Jang [2000] QCA 103, the defendants created homemade ‘soda bombs’ using sparklers and soda bulbs outside a community organisation. Even though the devices were simple, the court considered them serious because they were designed to explode and cause fear. Both defendants received nine months’ imprisonment, upheld on appeal.
In R v WBV [2022] QSC 101, the court examined whether carbon monoxide in a confined garage could be a ‘noxious substance.’ The judge accepted that the air in the garage became noxious due to harmful gases produced by a running diesel engine. However, the accused was acquitted because the court was not satisfied there was intent to cause injury.
These cases show that context and risk matter. A substance may become noxious depending on how and where it is used or stored.
How our Brisbane criminal lawyers defended an explosives charge in Queensland
In a recent case handled by our criminal law firm, police alleged our client unlawfully stored black powder in a cupboard at home. It was not part of any device. We argued that black powder alone, stored safely, could not cause injury or property damage. The prosecution accepted this argument, and the charge was discontinued.
Every case turns on its specific facts. Careful examination of the police evidence and the legal elements of the offence is critical to building an effective defence.
What are the penalties for unlawful possession of weapons in Queensland?
Section 50 of the Weapons Act 1990 (Qld) makes it an offence to unlawfully possess a weapon. Penalties depend on the type and number of weapons involved:
Possessing 10 or more weapons, including at least 5 of categories D, E, H, or R – up to 13 years imprisonment
Possessing a smaller number or lower category weapons – 2 to 10 years imprisonment or fines up to 500 penalty units
Minimum terms of 6 to 18 months actual imprisonment can apply where a firearm is used to commit an indictable offence or where a short firearm is unlawfully possessed in public.
Limited defences exist. For example, if a firearm licence expired within 12 months and the person would otherwise have been authorised to possess the weapon, that may amount to a reasonable excuse.
📞 If you are facing a weapons charge, call (07) 3012 6531 before speaking to police. Early advice can make a major difference to the outcome.
What happens if I manufacture or repair weapons without a licence?
Under section 69 of the Weapons Act 1990 (Qld), strict licensing rules apply to anyone who manufactures, repairs, or stores firearms as part of a business. Unless you are a licensed dealer, licensed armourer, or otherwise authorised, engaging in these activities is unlawful.
Repairing or storing weapons without a licence – up to 2 years imprisonment
Manufacturing restricted weapons (categories D, H, or R) – up to 10 years imprisonment
Employees or agents of licensed armourers may perform these activities only if authorised and not disqualified from holding a licence.
What are the secure storage requirements for firearms?
Section 60 of the Weapons Act 1990 (Qld) sets out strict obligations for secure storage. A licensee must ensure that a firearm is kept in a secure storage facility whenever it is not in their physical possession.
Failure to do so can result in penalties of up to 2 years imprisonment or 100 penalty units. The registered owner must also ensure suitable storage exists at the address recorded on the firearms register, even if they are not present.
How to defend weapons and explosives charges in Queensland
Defence strategies depend on the nature of the charge and the available evidence. Common approaches include:
Challenging whether the substance or item meets the legal definition of a weapon or explosive
Arguing lack of wilful intent or knowledge
Raising statutory exemptions under the Weapons Act
Negotiating a downgrade of charges or amended facts to reduce penalty exposure
Our Brisbane criminal defence lawyers regularly appear in the Magistrates, District, and Supreme Courts across Queensland. With over a decade of experience and more than 1,000 clients defended, we know how to analyse evidence and identify your best strategies early.
What to do if charged with a weapons or explosives offence
Do not make any statement to police without legal advice
Preserve any documents, licences, or receipts that support lawful possession
Record details of any witnesses or events leading to the charge
Seek immediate legal representation before your first court date
Our lawyers can assess whether you have a defence, advise on the strength of the prosecution case, and help negotiate the most favourable outcome.
Call for immediate advice
Our Brisbane criminal defence lawyers have successfully defended numerous weapons and explosives cases, including charges under the Weapons Act 1990 (Qld) and Criminal Code 1899 (Qld). We provide clear, strategic advice on whether to plead not guilty, pursue negotiations, or seek a reduced penalty.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our leading Brisbane criminal lawyers.
Frequently asked questions about weapons and explosives charges in Queensland
Can I be charged if the explosives were not used?
Yes. Simply possessing or manufacturing an explosive in circumstances that may cause injury or property damage can be enough for a charge under section 470A of the Criminal Code 1899 (Qld).
Is intent to harm required for an explosives charge?
Yes. The prosecution must prove you acted wilfully and unlawfully. If there is no intent to cause harm, you may be found not guilty.
Can I avoid jail for a weapons offence?
Possibly. Depending on the category of weapon, circumstances, and your criminal history, courts may impose alternatives such as fines, probation, or suspended sentences. Negotiating to a lesser charge can also reduce the risk of jail.
What should I do if police find a firearm at my home?
Do not answer questions or make admissions before obtaining legal advice. Our lawyers can determine whether any lawful authority, exemption, or defence applies.
Choosing the best criminal defence lawyers in Brisbane
Our criminal defence lawyers appear daily in Brisbane and Queensland courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025