Modifying Construction Or Action Of Firearms
What the law says
Sections 62 of the Weapons Act Queensland states:
- A person must not, without reasonable excuse-
- (a) modify the construction or action; or
- (b) possess a firearm the construction or action of which has been modified; or
- (c) acquire or sell a firearm the construction or action of which has been modified.
- A person must not, without reasonable excuse, make operable a firearm that is required to be, and has been, made permanently inoperable under this Act.
Principles and Object of Act
- The principles underlying this act are as follows-
- (a) weapon possession and their use are subordinate to the need to ensure public and individual safety;
- (b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.
- The object of this act is to prevent the misuse of weapons.
How object is to be achieved for firearms
The object of this Act is to achieved for firearms by-
- (a) prohibiting the possession and use of all automatic and self loading rifles and automatic and self loading shotguns except in special circumstances; and
- (b) establishing an integrated licensing and registration scheme for firearms; and
- (c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and
- (d) providing strict requirements that must be satisfied for-
- (i) licences authorising possession of firearms; and
- (ii) the acquisition and sale of firearms; and
- (e) ensuring that firearms are stored and carried in a safe and secure way
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused without lawful excuse modified the construction or action which has been modified; or
- The accused possessed a firearm the construction or action of which has been modified; or
- The accused acquired or sold a firearm the construction or action of which has been modified
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Section 62 (1)
The Maximum penalty for the offence of Modifying construction or Action of Firearms is 100 penalty units or 2 years imprisonment.
Section 62 (2)
The Maximum penalty for the offence of Modifying construction or Action of Firearms is 100 penalty points or 2 years imprisonment.
Which court will hear the matter
This matter is indictable which means it is dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- The accused had a lawful excuse to modify the construction or action of the firearm; or
- The accused did not possess a firearm the construction or action of which has been modified; or
- The accused did not acquire or sell a firearm the construction or action of which has been modified.
- It was not the accused.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Modifying Construction or Action of Firearms matters)