Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

Facebook


Instagram

Twitter


Linkedin

YouTube

 

Altering Identification Marks Of Weapons

Potts Lawyers > Criminal Law  > Weapons Offences > Altering Identification Marks Of Weapons

Altering Identification Marks of Weapons refers to the act of changing, defacing, or tampering with the identifying serial numbers or marks on a firearm or any other weapon, or possessing, acquiring, or selling a weapon with such altered identification marks.

In Queensland, this offence is regulated by Section 63 of the Weapons Act, which prohibits these activities unless a reasonable excuse can be provided. The primary purpose of this legal provision is to safeguard public and individual safety by ensuring strict controls on weapons and preventing their misuse.

Altering Identification Marks of Weapons is a serious criminal offence and if found guilty, can lead to significant penalties, including fines and imprisonment.

Below we outline the offence as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.

For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24-hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.

What the law says

Sections 63 of the Weapons Act Queensland states:

A person must not, without reasonable excuse-

  • (a) deface or alter any identifying serial number or mark on a weapon: or
  • (b) possess a weapon the identifying serial number or mark of which has been defaced or altered; or
  • (c) acquire or sell a weapon the identifying serial number or mark of which has been defaced or altered.

Principles and Object of the Act

  1. 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.
  2. 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 achieve 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 in Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused defaced or altered any identifying serial number or mark on a weapon; or
  2. The accused possessed a weapon the identifying serial number or mark of which has been defaced or altered; or
  3. The accused acquired or sold a weapon the identifying serial number or mark of which has been defaced or alerted.

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.

Maximum penalty

The Maximum penalty for the offence of Altering Identification Marks of Weapons is 100 penalty units 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

Possible defences to this offence include but are not limited to

  1. The accused had a lawful excuse to deface or alter any serial number or mark on the weapon; or
  2. The accused did not possess a firearm the serial number or mark of which has been defaced or altered; or
  3. The accused did not acquire or sell a firearm the serial number or mark of which has been defaced or altered.
  4. It was not the accused.

 

The Criminal Lawyers at Potts Lawyers have the experience necessary to deal with these types of charges and other criminal offences. Contact us for more information about how we can defend you.

Do you need legal help or consultance? Contact us now.

Contact us now

free consultation

Click-To-Call Free Consultation