Category M weapons and prohibited knives in Queensland

In Queensland, some knives can’t be lawfully possessed without specific authority. Keeping one at home, buying it as a collectible, or planning to use it only for work can still expose you to a weapons charge.

These knives fall within Category M under Queensland’s weapons legislation. The classification turns on a knife’s design and how it operates, whatever it happens to be called. An online description such as “pocket knife”, “camping tool” or “display piece” therefore won’t necessarily tell you where the knife sits legally.

Our guide to knife laws in Queensland explains the broader rules.

This article looks at Category M knives specifically: the limited circumstances in which possession can be authorised, and the problems that can arise when you buy, collect or are found with one.

The meaning of “Category M”

Despite how it sounds, Category M is far less glamorous than anything out of a Bond film.

The category is set out in the Weapons Categories Regulation 1997, which identifies Category M weapons by their physical characteristics. It covers certain knives and disguised blades, along with other weapons such as crossbows, knuckledusters and particular types of batons and weighted gloves.

Category M knives are often called “prohibited knives” because their possession is so tightly controlled. The legislation does allow limited forms of authorised possession, but whether a particular person can lawfully possess one depends on the item, the authority they hold and any conditions attached to it.

Knives classified as Category M weapons

The regulation covers the designs listed below. The descriptions summarise the main features, but the full legal definition has to be applied to the actual item.

The Queensland Police guide to weapons categories sets out the detailed list. The regulation also captures certain knives whose blades can be released by the hand holding them, and these need a closer look.

Folding knives and opening mechanisms

Category M also covers a knife designed or made for use as a weapon where the blade can be released by the same hand that is holding the knife. Both the weapon-design requirement and the opening mechanism form part of that definition.

Flick knives and knives with similar automatic-opening devices are dealt with separately but are also covered. A knife can fall into that group even if the seller uses a different product name.

Descriptions such as “assisted opening”, “one-handed opening”, “folding knife” or “utility knife” therefore need to be checked against the actual design. You can’t safely assume that every folding knife is prohibited, or that a knife sold as a work tool sits outside Category M.

For example, in the 2024 coronial findings concerning Luke Brian Gilbert, the coroner examined a Milwaukee FASTBACK Folding Camo Knife with a blade of about 80 mm and a press-and-flip mechanism, and identified that particular knife as a Category M weapon.

The finding shows why brand and intended use are poor guides. The mechanism itself has to be assessed, even when a knife looks compact and practical.

Ordinary sheath knives and other blades

The Category M reference to a “sheath knife” has a specific meaning. It applies to a knife whose sheath withdraws into the handle through the mechanisms described in the regulation.

As you would expect, an ordinary fishing or hunting knife carried in a separate protective sheath doesn’t become a Category M weapon just because it has a sheath.

Likewise, a conventional kitchen knife, machete or sword isn’t automatically Category M because it has a long or sharp blade, although its particular design still needs to be considered. A sword concealed inside a walking cane, for example, is expressly covered.

Even where an item falls outside Category M, other laws can regulate its public possession, display, use or sale.

Licences for Category M knives

If, for some reason, you need to use a Category M blade, you will need a specific licence that covers both the weapon in question and what you intend to do with it.

Holding a firearms licence, or a licence for another Category M item, doesn’t automatically authorise you to have a Category M knife.

Occupational licences

For the knives and bladed items listed in the table above, the Weapons Regulation 2016 allows a miscellaneous weapons licence only if the authorised officer is satisfied that the applicant has a special occupational need. The licence that results covers only the type of knife and the need stated on it.

Having a job that involves cutting materials doesn’t, by itself, establish that need. The ordinary rules for carrying a knife for work still apply, and the additional Category M requirements sit on top of them.

Collectors and display pieces

Collecting has its own rules. The Weapons Act requires a collector’s licence for the category of weapon being collected, and non-firearm Category M weapons held under a collector’s licence must be inert. Queensland Police also explains this condition in its collector’s licence guidance.

A collector’s licence therefore doesn’t give you general permission to keep working butterfly knives, flick knives or other functional Category M knives. A display cabinet, the age of the item and an intention never to use it won’t show that the licensing requirements have been met.

If you’re planning to collect, get advice about the particular item first. Don’t assume that a blunt edge, a missing component or a description as a “training knife” makes it appropriately inert or takes it outside the legislation.

Buying Category M knives online or interstate

Acquiring a Category M knife generally requires a permit to acquire as well as authority to possess it, unless a statutory exception or specific exemption applies. The seller also needs authority to supply the item.

In practice, the steps usually run in this order.

1. Work out whether you can qualify at all. The routes described above are a miscellaneous weapons licence for a special occupational need, or a collector’s licence for an inert item. If neither fits, you are unlikely to have a lawful way of buying the knife.
2. Hold the right licence first. Queensland Police advise that you must hold a valid weapons licence before you can apply for a permit to acquire. The licence on its own doesn’t let you buy anything.
3. Apply for a permit to acquire that particular knife. You can apply online through Queensland Police, or lodge a Form 28 at a police station, and the application carries a fee. You will be asked for your licence details and for your reasons for needing the weapon. A permit covers one weapon only, so each knife needs its own application.
4. Wait for the permit before the knife changes hands. Don’t take delivery of the knife until the permit has been issued. If the purchase is delayed or falls through, check whether the permit is still usable or whether you need to apply again.

Acquisition can include receiving a gift, so don’t assume the rules don’t apply to you just because you didn’t technically buy the item.

An Australian website, an interstate shop or a seller willing to post to Queensland can’t establish your entitlement to possess the knife. The transaction has to comply with the rules that apply to the particular item and the people involved.

Dealers face limits too. The Weapons Regulation excludes certain Category M weapons, including the knife designs listed in the table above, from the ordinary dealer’s authority to buy, sell, transfer or broker weapons. Confirm the proposed transaction with Queensland Police Weapons Licensing before you arrange a purchase or transfer.

Importing knives from overseas

Importing a knife from overseas is a different deal. It falls under a separate Commonwealth regime, the Customs (Prohibited Imports) Regulations 1956, and it is outside the scope of this article. Check the import requirements, and your Queensland authority, before you place an order.

Penalties for unlawful possession

For a Category M weapon, the ordinary maximum penalty under the Weapons Act is 300 penalty units or seven years’ imprisonment. Higher maximums can apply where a person possesses ten or more weapons.

The penalty imposed in any individual case depends on the law that applies and the circumstances of both the offending and the offender.

Separate offences may arise from unlawful acquisition or supply, possession in public, threats or violence. A weapons incident can also affect whether you are considered suitable to hold a weapons licence now and in the future.

Responding to a Category M weapons allegation

If you’re involved in a police allegation that a knife is a Category M weapon, its classification should be examined closely. A product name alone leaves open important questions, such as how the blade opens, how the handle is constructed and whether the item meets a particular statutory definition.

A lawyer reviewing the allegation will usually need to consider:

• the actual item, photographs and any examination report;
• the particular type of Category M weapon police rely on;
• the evidence connecting you to possession or control of the item;
• any licence, exemption or other authority, including its conditions;
• the circumstances of the search and seizure; and
• what you have already said to police about the item and its purpose.

Keep your purchase records, product information and any licensing documents. They can help show what was acquired and the circumstances around it.

Finding or inheriting a potentially prohibited knife

A knife found among inherited belongings may need prompt attention, and so may one you bought and now realise could fall within Category M.

Get advice about its classification and the lawful way to deal with it. Avoid selling it, giving it away or moving it to someone else’s home as an informal fix.

If you’re thinking of surrendering it, contact police beforehand to arrange how it should be handled.

Don’t turn up unannounced at a police station or a lawyer’s office carrying the knife.

Check what arrangements and protections apply to the particular item, rather than assuming a firearms amnesty covers it.

Advice about Category M weapons charges

TWC Lawyers can advise on how a knife is classified, what authority is needed to possess it, and your options if police have seized it or laid a charge.

If you’re being investigated or charged with a Category M weapons offence, contact TWC Lawyers before taking part in a police interview. You can also contact us if you need advice about specific licensing issues.