Firearms Prohibition Orders (Qld)

In 2024, Queensland introduced a scheme to improve public safety by barring high-risk individuals from accessing firearms. The scheme brought Queensland’s laws into line with the firearms laws of other states and territories. This page outlines the scheme and how Firearms Prohibition Orders (FPOs) operate in Queensland.

Legislation

Part 5A of the Weapons Act 1990 sets out the laws around Firearms Prohibition Orders.

What is a Firearms Prohibition Order?

A firearms Prohibitions Order is an order that is issued by a court or by the Police Commissioner that prohibits a person from acquiring, possessing or using firearms, or attempting to do so, for a stated period.

FPOs have mandatory conditions, including the surrender of firearms and prohibitions on acquiring firearms and may have additional conditions attached.

It is a criminal offence to breach an FPO.

An FPO remains in force for 10 years (when made against an adult) or five years (when made against a child over 14). A further FPO may be applied for when an FPO expires.

When will an FPO be made?

The Police Commissioner may apply to a court for a Firearms Prohibition Order in relation to a person on the basis that it is in the public interest to do so.

Under section 141E of the Weapons Act 1990, the following may be considered when assessing this:

• the person’s criminal history
• the person’s domestic violence history
• whether the person has been a member of a criminal organization or a terrorist organization
• whether the person is an associate of a recognized offender
• whether they have publicly expressed a wish or intent to commit a serious offence
• whether they have been subject to a relevant order
• their behaviour, particularly aggressive or violent behaviour and the use of weapons
• the risk they pose to public safety or security and the extent to which an FPO would reduce that risk
• any other matter that indicates that their possession of a firearm would be likely to pose a risk to public safety.

Firearms Prohibition Order - Application Process

When an application for an FPO is made, the person may file a response with the court opposing the application. The response should state the facts and circumstances they intend to rely on and should be supported by an affidavit. This material should also be provided to the commissioner.

When an FPO is opposed, the court will hold a hearing to assess whether the order should be made. The court may make the order only if satisfied that it is in the public interest to do so.

If the court decides to make an order, the person may appeal against that decision.

Offences

The Weapons Act 1990 makes it an offence to breach the conditions of an FPO. Some of the offences involving breaches of FPOs are outlined below, along with the penalties that apply.

Failing to surrender firearms

Under section 141W of the Weapons Act 1990, a person who is the subject of an FPO must immediately surrender any firearm or firearm-related item that is in their possession. Failure to do so is an offence that may result in a fine of up to 50 penalty units or imprisonment for up to 12 months.

Acquisition, possession or use of firearms

Under section 141Y of the Weapons Act 1990, it is an offence for a person under an FPO to acquire, possess or use a firearm, or to attempt to do so. This offence may result in a fine of up to 500 penalty units or imprisonment for up to 13 years.

Supply of firearms

Under section 141Z of the Weapons Act 1990, it is an offence for a person to knowingly supply a firearm to a person who is subject to an FPO. This offence may result in a fine of up to 500 penalty units or imprisonment for up to 13 years.

Attending premises or events

Under section 141ZA of the Weapons Act 1990, a person who is subject to an FPO must not attend certain places, including weapons dealer premises, arms fairs and shooting galleries.  Doing so may result in a fine of up to 50 penalty units or imprisonment for up to 12 months.

Failure to notify change of address

Under section 141ZB of the Weapons Act 1990, a person who is subject to an FPO must notify the commissioner of any change to their residential address within 48 hours. Failure to do so is an offence that can result in a fine of 100 penalty units.

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