Is A Gel Blaster a Toy or a Weapon?
“I bought a gel blaster in Queensland but got charged for owning it in NSW”.
WHY?
Simple Answer
Gel blasters are illegal in New South Wales and if you are charged with possession of a gel blaster without a gun licence, you can not only be fined but also you can face a gaol term of up to 5 years.
In fact, gel blasters are illegal in Australia in all states except Queensland and South Australia.
Even in Queensland, where there is no need for a licence to own a gel blaster and there is no limit to possessing a gel blaster you still have to be careful not to carry them around in public in any way that could appear threatening or create fear in a member of the general public.
If you point a gel blaster at another person and that person has not given you permission, you can face a sentence of up to 7 years’ gaol.
In the ACT, possession of a gel blaster carries a maximum penalty of 10 years in gaol.
What is a gel blaster?
A gel blaster looks like a toy gun and it shoots gel balls that consist mostly of water.
In Queensland it is sold as a toy and often given as a Christmas present.
Under the Customs Import Regulations 1956 (Qld) Act, gel blasters are not firearms. Department of Home Affairs Notice No. 2017/43, “Revised treatment of gel ball blasters and similar low powered devices” further regulates and permits their importation.
Where did the confusion come from?
When you are having a Christmas game in the back yard amongst cousins with gel blasters, it may seem less harmless than a paintball fight. However, even though they don’t fire live ammunition and close up you can see that they are plastic replicas, the problem is the way they operate and because they can be mistaken for military-type weaponry by both the general public and police which can have frightening consequences.
What if your neighbour looks over the fence and is terrified that your life is in danger and calls 000?
Cases have arisen where the police have been confronted by a person wielding a gel blaster in public and could not work out whether it was a real gun. The Police have to put the general public’s safety first, so they may fire at the person holding the gel blaster whether with a Taser or real ammunition. Not only has it put the person’s life in danger, such an incident also expends and wastes important resources.
Legislation Relating to Weapons in General
This is why laws have been passed to define what is an illegal weapon and the penalties for possessing or unlawfully using them. The laws may apply to real guns, gel blasters, imitation firearms and all weapons dependent on the circumstances.
You may be a member of a rifle range and compete in weekend sport. There are laws which provide for permits and genuine reasons for possession which exempt you for criminal charges.
It is important to remember before you buy any weapon whether real or imitation that there are laws, that permits are needed for possession and that whether toy or real, weapons cannot be used in public in any way that can cause harm or the fear of harm.
Some relevant laws to be aware of include:
Firearms Act 1996
Section 4D: Details special provisions relating to imitation firearms;
Section 7A: Provides that you must have licence to be allowed possess or use a firearm;
Section 7(1): Outlines the offence of unauthorised possession or use of pistols or prohibited firearms;
Section 12: Lists the circumstances that provide a genuine reason to possess a firearm such as working on a farm, for pest eradication or as a member of a shooting club;
Section 36(1): Provides that a person must not supply, acquire, possess or use a firearm that is not registered.
Weapons Prohibition Act 1988
Schedule 1: Defines, lists and describes the weapons that are prohibited and includes knives, knuckle dusters and imitation weaponry.
Crimes Act 1900
These offences are the most serious as they involve the actual use and/or misuse of firearms causing harm or the apprehension of threat or fear of harm.
Section 33A: Details that it is an offence to discharge a firearm with intent to cause grievous bodily harm;
Section 93G: Outlines offence to cause danger with a firearm
Section 93GA: Details the offence of firing at a dwelling house or building with disregards for the safety of a person.
Section 931: Details the offence of possession of unregistered firearm in public place:
If you are charged and convicted you can be liable to 10 years’ imprisonment.
If you are charged and convicted with committing the offence in “circumstances of aggravation” you can face 14 years’ gaol.
Police Fact Sheets: Club Members and Collectors
If you are the member of a collector club that is approved by the Commission of Police you can collect items that have historic or financial value.
Participation Requirements for Club members
Safekeeping and Storage of Firearms
Section 39 of the Firearms Act 1996 confirms that firearms must be stored safely and contravention of this act means you can face up to 2 years imprisonment.
Clauses 36 and 39 of the Firearms Regulation 2017 detail requirements for safe storage.
WHAT TO DO IF YOU FIND YOURSELF CHARGED?
Possession or use of an unauthorised firearm if prohibited weapon is a serious charge. The legislation and the Police are there to protect the general public and make it safe for us to go about our daily lives.
However, there are circumstances where you may be ignorant of the different laws between states or where you may have a sentimental attachment to what you believed was a harmless antique that belonged to your grandfather.
We had a client who bought some knuckle dusters in Thailand when he was on holiday and thought they would make a nice decoration. He was charged with possession of an illegal weapon so you have to be aware of what is considered a weapon.
Each case is different. Once you are facing charges, the penalties are serious and you need to obtain legal advice to help you navigate the charges, the legislation and how your circumstances will be dealt with.
Please do not hesitate to contact us so that we can talk you through your options.
Note: This is not legal advice and is provided for information only.