Weapons and Firearms Charges in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Weapons and firearms charges in Tasmania carry serious consequences including mandatory prison sentences for certain offences. The Firearms Act 1996 (Tas) and Prohibited Behaviour Orders Act 2015 (Tas) create strict liability offences with limited defences. You need immediate legal advice before speaking to police or entering any plea - call 1300 636 846 now for 24/7 urgent assistance.

Do You Need a Lawyer?

Yes, absolutely. Tasmania has some of Australia's harshest weapons laws with mandatory minimum sentences that magistrates cannot reduce, even for first-time offenders. Without proper legal representation, you face maximum penalties including up to 21 years imprisonment for prohibited firearms offences.

A specialist weapons lawyer can challenge evidence collection procedures, negotiate charges down from prohibited to regulated categories, present compelling mitigation evidence, and explore technical defences around possession versus control. Police often overcharge weapons offences - we regularly see prohibited weapon charges reduced to regulated weapon matters, turning potential prison sentences into fines.

Legal representation becomes critical when facing licence cancellation proceedings. Tasmania Police automatically cancel firearms licences upon charge, not conviction. An experienced lawyer can expedite licence review processes and protect your employment if you work in security, primary industries, or pest control where firearms access is essential.

What Happens Next - The Process

1. Police Interview: You'll be questioned about weapon possession, storage, and intended use. Exercise your right to silence and request a lawyer immediately. Anything you say will be used as evidence.
2. Bail Application: Most weapons charges allow police bail, but serious firearms offences may require Magistrates Court bail applications within 48 hours of arrest.
3. First Court Appearance: Usually at Hobart, Launceston, or Devonport Magistrates Court within 4-6 weeks. Charges are read, and you enter a plea. Never plead guilty without legal advice.
4. Licence Suspension: Tasmania Police immediately suspend firearms licences upon charging. You have 28 days to request internal review, then appeal rights to Magistrates Court.
5. Brief of Evidence: Police must provide full evidence disclosure within 6-8 weeks, including forensic reports, witness statements, and video evidence.
6. Case Conference or Plea Negotiation: Your lawyer negotiates with prosecution to potentially reduce charges or achieve agreed facts that minimise penalties.
7. Trial or Sentencing: Summary matters conclude in Magistrates Court within 3-6 months. Indictable offences proceed to Supreme Court, taking 12-18 months to resolve.

The Law in Tasmania

Tasmania's weapons legislation divides weapons into three categories with escalating penalties. The Firearms Act 1996 (Tas) governs firearms possession, while the Police Offences Act 1935 (Tas) covers other weapons including knives, crossbows, and prohibited weapons.

Prohibited Weapons include military-style firearms, handguns without genuine reason, shortened firearms, machine guns, rocket launchers, flame-throwers, crossbows, knuckledusters, flick knives, and weapons designed to discharge irritant matter. Possession carries mandatory minimum sentences:

• Prohibited firearms: 5 years minimum imprisonment (maximum 21 years)
• Prohibited weapons (non-firearm): Up to 2 years imprisonment or 40 penalty units ($7,280)
• Unregistered firearms: Up to 5 years imprisonment or 100 penalty units ($18,200)

Regulated Weapons include licensed firearms, crossbows with permits, and controlled weapons like capsicum spray. Offences include:

• Unlicensed possession: Up to 2 years imprisonment or 50 penalty units ($9,100)
• Improper storage: Up to 1 year imprisonment or 20 penalty units ($3,640)
• Carry without authority: Up to 6 months imprisonment or 10 penalty units ($1,820)

The critical distinction lies between possession (having custody or control) and use (actively employing the weapon). Possession charges focus on knowledge and control over the weapon's location, while use charges require active deployment. Use charges typically carry double the penalties of possession charges.

Tasmania's mandatory sentencing provisions under Section 127 of the Sentencing Act 1997 (Tas) require minimum prison terms for prohibited firearms. Courts cannot impose suspended sentences, community service, or fines for these offences - imprisonment is mandatory unless exceptional circumstances exist.

Mistakes to Avoid

Speaking to Police Without a Lawyer: We've seen clients destroy strong defences by explaining how they acquired weapons or admitting knowledge of possession during police interviews. Police use sophisticated questioning techniques to extract admissions. Exercise your right to silence completely - you're not required to answer any questions beyond providing identification.

Assuming Inheritance or Gift Defences Work: Many clients believe inheriting firearms or receiving them as gifts provides legal protection. Tasmania law requires immediate licensing and registration regardless of acquisition method. Inherited firearms must be licensed within 28 days or surrendered to police. Lawyers in our network regularly defend clients who thought deceased relatives' firearms were legally possessed.

Mixing Up Storage Requirements: Licensed firearms owners often face additional charges for improper storage when police discover other weapons during searches. Category A firearms require different security standards than Category H handguns. Ammunition must be stored separately from firearms in approved containers. Storage breaches turn simple possession matters into multiple charges.

Pleading Guilty to Reduce Stress: Courts process weapons charges quickly, pressuring defendants to plead guilty for certainty. However, weapons laws contain complex technical requirements around possession, knowledge, and control. We've successfully defended apparently hopeless cases by challenging evidence collection, questioning ballistics reports, and proving lack of knowledge or control.

Ignoring Licence Review Deadlines: Tasmania Police cancel firearms licences immediately upon charging, not conviction. You have strict timeframes to request internal review (28 days) and court appeals (additional 28 days). Missing these deadlines means permanent licence loss even if charges are later dismissed or you're found not guilty.

Likely Outcomes and Costs

With experienced legal representation, first-time weapons offenders often achieve significantly better outcomes than maximum penalties suggest. We regularly negotiate prohibited weapon charges down to regulated weapon matters, avoiding mandatory prison sentences. For storage or licensing breaches, fines between $500-$2,000 are common instead of imprisonment.

Representing yourself risks maximum penalties and permanent criminal records. Magistrates impose harsher sentences on unrepresented defendants who cannot present proper mitigation evidence or challenge prosecution evidence effectively. Self-represented defendants typically receive sentences 40-60% higher than those with legal representation.

Legal costs for weapons charges range from $3,000-$8,000 for straightforward Magistrates Court matters, while Supreme Court indictable offences cost $8,000-$15,000. However, successful defence or charge reduction often saves clients from licence loss worth thousands in re-application costs, employment protection, and avoiding criminal convictions that affect travel, employment, and housing applications.

Most weapons charges resolve within 3-6 months in Magistrates Court. Supreme Court indictable matters take 12-18 months but often result in charge reductions during early plea negotiations. Quick resolution protects employment and reduces stress compared to lengthy self-representation attempts.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of weapons charges across Australia's strictest jurisdictions including Tasmania. Our 800+ lawyers include former police prosecutors and firearms law specialists who understand both prosecution strategies and technical defence opportunities.

We immediately review evidence collection procedures, challenge ballistics reports, and negotiate with prosecution before charges are finalised. Our lawyers regularly appear in all Tasmanian courts and maintain strong working relationships with prosecutors, enabling effective plea negotiations that achieve charge reductions or agreed facts minimising penalties.

Your fixed-fee consultation includes comprehensive case assessment, defence strategy development, and immediate action to protect firearms licences through review applications and court appeals. We'll explain realistic outcomes based on specific charges and evidence strength, not false promises.

Our 24/7 hotline 1300 636 846 connects you immediately with specialist weapons lawyers who understand Tasmania's mandatory sentencing laws and licence review procedures. With 4.5-star ratings from 780+ clients, we've successfully defended weapons charges from simple possession to complex firearms trafficking matters.

Don't risk mandatory prison sentences or permanent licence loss by representing yourself or using inexperienced lawyers. Call 1300 636 846 now for immediate assistance, or book your consultation online at gotocourt.com.au/book to secure your defence and protect your future.