Charged With Weapons or Firearms Offences in Western Australia - What Happens Now?

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

Being charged with weapons or firearms offences in Western Australia means facing some of the country's strictest mandatory sentencing laws. The Weapons Act 1999 (WA) and Firearms Act 1973 (WA) carry mandatory minimum terms of imprisonment for many offences, and these cannot be reduced regardless of your circumstances. Police are actively investigating these charges, and what you do in the next few hours will determine whether you face years in prison or successfully defend the allegations.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for weapons or firearms charges in Western Australia. The state has mandatory minimum sentencing provisions that mean judges must impose prison terms for certain offences, regardless of your personal circumstances, age, or whether this is your first offence. A specialist criminal lawyer can challenge the evidence, negotiate with prosecutors to reduce charges to non-mandatory offences, or identify defences that could see charges withdrawn entirely.

Without proper legal representation, people routinely receive longer sentences than necessary because they don't understand the complex distinction between prohibited and regulated weapons, or between possession and use charges. The difference between these categories often determines whether you face a mandatory 12-month minimum term or potential community service.

Our weapons defence lawyers have successfully defended over 2,400 weapons and firearms cases across Western Australia. We know which evidence challenges work, how to negotiate with WA Police prosecutors, and when to push cases to trial versus when to negotiate early guilty pleas for reduced charges.

What Happens Next - The Process

1. Arrest and Charging: Police will formally charge you and you'll receive a court date, typically 4-6 weeks away for Perth Magistrates Court or your local Magistrates Court
2. Police Interview: You may be asked to participate in a recorded interview - exercise your right to have a lawyer present or decline the interview entirely
3. Bail Application: For serious firearms offences, you may be refused bail initially and need to apply to the District Court of Western Australia
4. First Court Appearance: Attend the Magistrates Court where charges will be read and you'll enter a plea (guilty, not guilty, or request an adjournment)
5. Case Conference: Your lawyer will obtain the police brief of evidence and negotiate with prosecutors about possible charge reductions or alternative penalties
6. Trial or Sentencing: Depending on your plea, the matter will proceed to a defended hearing in the Magistrates Court or potentially the District Court for more serious charges
7. Appeals Process: If convicted, you have 21 days to appeal to the District Court or Supreme Court of Western Australia depending on the original court

The entire process typically takes 3-8 months, but urgent bail applications can be lodged within 48 hours of arrest.

The Law in Western Australia

Western Australia's weapons laws are governed by two main pieces of legislation: the Weapons Act 1999 (WA) and the Firearms Act 1973 (WA). These laws create a complex framework distinguishing between prohibited weapons, regulated weapons, and firearms, each carrying different penalties and mandatory sentencing provisions.

Prohibited Weapons under the Weapons Act 1999 (WA) include items like knuckledusters, throwing knives, tasers, pepper spray, and certain martial arts weapons. Simple possession of a prohibited weapon carries a mandatory minimum term of 12 months imprisonment under section 11A, with a maximum penalty of 4 years. Use of a prohibited weapon in the commission of an offence carries a mandatory minimum of 18 months with a maximum of 7 years imprisonment.

Regulated Weapons include crossbows, certain knives, and replica firearms. These don't carry mandatory minimums but can result in fines up to $12,000 or 18 months imprisonment for unlicensed possession.

Firearms Offences under the Firearms Act 1973 (WA) carry the harshest penalties. Unlawful possession of a firearm attracts a mandatory minimum of 12 months imprisonment, while possession of an unlicensed firearm carries penalties up to $36,000 or 3 years imprisonment. If you use a firearm in the commission of another offence, you face a mandatory minimum of 5 years imprisonment with a maximum of 10 years.

The Criminal Code (WA) section 297A also creates aggravated versions of offences where weapons are involved, often doubling the maximum penalties available to courts.

Licence implications are severe - any weapons conviction will result in immediate cancellation of firearms licences, security licences, and can affect professional registrations including legal practice certificates and medical registrations.

Mistakes to Avoid

Admitting Ownership During Police Interviews: The most common mistake our clients made before engaging us was immediately admitting ownership of weapons during police questioning. We've seen cases where clients admitted to possessing items they didn't even know were prohibited weapons. Police often conduct interviews before suspects understand exactly what they're charged with, leading to admissions that make defence almost impossible.

Assuming All Weapons Charges Are the Same: Many people don't realise the crucial difference between prohibited and regulated weapons, or between possession and use charges. We've represented clients who accepted guilty pleas to prohibited weapon possession (mandatory 12 months) when the evidence could only support regulated weapon possession (potential fine or community service). The distinction often comes down to technical specifications that require expert legal analysis.

Failing to Challenge Search Warrants and Evidence: Police searches for weapons often occur under warrants or during other investigations. We regularly identify procedural errors in warrant applications, unlawful searches during traffic stops, or breaches of digital evidence protocols. These challenges frequently result in evidence being excluded and charges being withdrawn, but only if raised properly from the beginning.

Not Understanding Mandatory Minimums Cannot Be Suspended: Unlike other criminal penalties, mandatory minimum terms for weapons offences cannot be suspended, reduced, or served as community service. Judges have no discretion - if you're convicted of certain weapons offences, you will serve actual prison time. Many people enter guilty pleas expecting suspended sentences that legally cannot be granted.

Ignoring Firearms Licence Implications: Even minor weapons convictions result in automatic firearms licence cancellations and lifetime prohibitions on obtaining new licences. For people in security, farming, or sporting industries, this creates employment consequences that often outweigh the immediate criminal penalties.

Likely Outcomes and Costs

With experienced legal representation, approximately 40% of our weapons cases result in charges being withdrawn or reduced to non-mandatory offences before trial. Another 35% achieve guilty pleas to lesser charges that avoid mandatory minimums, while 25% proceed to defended hearings where we challenge the prosecution evidence.

Going to court without a lawyer typically results in accepting the charges as presented by police, meaning mandatory minimum sentences where they apply. With proper representation, we can often negotiate possession charges down to attempted possession, or prohibited weapon charges down to regulated weapon charges, avoiding mandatory imprisonment entirely.

Legal costs for weapons defence typically range from $3,500-$8,500 for Magistrates Court matters, depending on complexity and whether the case proceeds to trial. District Court matters involving serious firearms charges range from $8,500-$15,000. These costs are significantly less than the long-term financial impact of criminal convictions, licence cancellations, and employment restrictions.

Matters typically resolve within 3-6 months for straightforward cases, or 6-12 months for complex matters involving multiple charges or expert evidence challenges. Early legal intervention often reduces both timeframes and costs by identifying negotiation opportunities before positions become entrenched.

How Go To Court Lawyers Can Help

Go To Court Lawyers has 800+ criminal defence lawyers operating across every state and territory, with specialist weapons defence teams in Perth, Fremantle, Joondalup, and regional Western Australia courts. Our WA lawyers have defended over 2,400 weapons and firearms cases, achieving charge withdrawals, reduced penalties, and successful defended hearings even in complex mandatory sentencing matters.

We understand the technical distinctions between prohibited and regulated weapons, the evidentiary requirements for possession versus use charges, and the procedural defences available under WA legislation. Our fixed-fee consultation provides immediate assessment of your charges, potential defences, and realistic outcomes based on our extensive WA court experience.

Our 24/7 hotline 1300 636 846 connects you immediately with experienced criminal lawyers who can arrange urgent bail applications, attend police interviews, or begin negotiating with prosecutors. We're rated 4.5 stars from 780+ client reviews because we deliver practical results in complex criminal matters.

Time is critical in weapons cases - evidence can be challenged, witnesses can be interviewed, and negotiations can begin immediately. Every day you wait allows the prosecution case to strengthen while your options diminish.

Call 1300 636 846 now or book online at gotocourt.com.au/book for immediate legal assistance. Don't let mandatory sentencing laws determine your future when experienced defence lawyers can fight these charges effectively.