Weapons and Other Legislation (Firearms Offences) Amendment Bill 2019
Plain English Summary
Overview
This bill proposed to crack down on firearms crime by introducing Firearm Prohibition Orders, creating new offences for shooting at buildings and possessing 3D gun blueprints, and significantly increasing penalties for weapons offences. It was a private member's bill introduced by Trevor Watts MP and lapsed at the end of the 56th Parliament without becoming law.
Who it affects
The bill primarily targeted people assessed as high-risk by police and members of criminal organisations, giving police stronger powers to keep firearms away from dangerous individuals. Licensed firearm owners and shooting club members would also have faced higher penalties for weapons offences.
Key changes
- Police Commissioner could issue Firearm Prohibition Orders banning high-risk individuals from possessing firearms, with up to 15 years imprisonment for breach
- New offence for firing a firearm at dwelling houses, buildings or vehicles with reckless disregard for safety (14-16 years imprisonment)
- New offence for possessing both a 3D firearm blueprint and a device capable of manufacturing it (14 years imprisonment)
- New offence for discharging a firearm to resist arrest (up to 25 years imprisonment)
- Penalty for stealing firearms increased from 10 to 14 years imprisonment
- Penalties for carrying or discharging weapons in public places increased to 10 years imprisonment
Bill Journey
▸Committee1 May 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this Private Member's Bill introduced by Trevor Watts MP (LNP), which proposed firearm prohibition orders, new firearms offences, and increased penalties. The committee received nine submissions and held public hearings. The committee recommended the bill not be passed, citing a lack of stakeholder consultation, concerns about the breadth of police powers to impose firearm prohibition orders without judicial oversight, overlap with existing offences, and insufficient justification for significantly increased penalties. LNP members filed a Statement of Reservation supporting the bill.
Key findings (5)
- Multiple stakeholders including the Firearms Dealers Association, Shooters Union, and Queensland Women's Legal Service confirmed they were not consulted before the bill was introduced
- The Queensland Law Society raised concerns that firearm prohibition orders should be imposed by a judicial officer rather than the Police Commissioner, to ensure proper oversight of powers that significantly affect individuals' rights
- Stakeholders including women's advocacy groups and the Public Health Association supported the intent of firearm prohibition orders to protect domestic violence victims and align Queensland with other states
- The Queensland Law Society argued that many proposed new offences were unnecessary as existing laws already addressed the relevant conduct, and that proposed penalties were disproportionate
- The committee identified multiple fundamental legislative principle concerns including impacts on rights and liberties, reversal of onus of proof, and compulsory acquisition of property without compensation
Recommendations (1)
- The committee recommends that the Weapons and Other Legislation (Firearms Offences) Amendment Bill 2019 not be passed.
Committee report tabled