Are toy guns legal in New South Wales (NSW)? Toy weapons and guns are playthings that resemble real guns, while imitation guns are objects that substantially duplicate the appearance of a firearm, regardless of their colour, weight, or composition. While toy guns are legal in the state, imitation firearms are strictly regulated. Let’s find out why.
This article will talk about the legality of toy guns and imitation firearms in NSW, particularly the relevant NSW legislation, penalties for unauthorised possession, the circumstances in which an imitation firearm can be considered a dangerous weapon, and other government regulations.
Toy Guns and Imitation Firearms: Relevant NSW Legislation
In New South Wales, there are various pieces of legislation in place to regulate unauthorised firearm possession, illegal firearms, and gun violence. Compared to many other countries, including the US, gun violence rates in NSW and Australia as a whole are significantly lower. However, gun violence still occurs and can have devastating consequences.
- Firearms Act 1996
According to the Firearms Act 1996 (NSW), an imitation firearm (section 4D) is:
- an imitation of a pistol is taken to be a pistol.
- an imitation of a prohibited firearm is taken to be a prohibited firearm.
- an object that, regardless of its colour, weight, or composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm but that is not a firearm.
- NOT any such object that is produced and identified as a children’s toy or toy guns.
Based on the definition under the Act, toy guns are not considered imitation firearms. Thus, toy guns are legal in New South Wales.
Moreover, the Act also requires a licence or permit before a person can own or use a pistol, prohibited firearm, or other types of weaponry. In the State of NSW, all guns used by licence and permit holders must register, except those that are exempt.
Factsheet: Imitation Firearm Permit
What Is a Prohibited Firearm?
Under the same Act, a prohibited firearm or pistol can be any of the following kinds:
- a pistol with a calibre of more than .38 inch,
- a self-loading pistol with a barrel length of less than 120 mm,
- a revolver with a barrel length of less than 100 mm.
- Crimes Act 1900
Crimes Act 1900 identifies an imitation firearm as a dangerous weapon. Section 4 states that a dangerous weapon can be:
- a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996
- a prohibited weapon within the meaning of the Weapons Prohibition Act 1998
- a spear gun.
What Is the Difference Between Imitation Firearms and Toy Guns?
A toy gun (child’s toy) is different from an imitation handgun by its:
- packaging,
- intended market (i.e., sold in a toy store, labeled for ages 3+, etc.),
- materials used in its construction,
- the overall design, or
- method of operation (for instance, a water pistol).
The person in possession of the item bears the responsibility, and if in doubt, they can consult industry professionals like a theatrical armourer or a gun dealer. Some establishments or leading supplier of toy guns and other toy weapons are Mr. Toys and TacToys.
Toy Guns and Other Things Not Declared as Firearms
Under the Firearms Act 1996 and Firearms Regulations 2017, toy guns and other things that this section enumerates below are not firearms under the law:
- A tool or device that is used to drive a stud, pin, dowel, screw, rivet, spike or other object against, into, or through a substance by means of an explosive.
- A heavy bench-mounted rifle of an approved kind that is used for experimental purposes.
- A tool designed to be used to split or break rock or concrete by means of the firing of an explosive cartridge, such as the tool known as the “Boulder Buster.”
- A captive bolt gun of the kind designed for use in an abattoir in the humane killing of livestock.
- A firearm designed to be used for life-saving or distress signaling purposes (such as line-throwing guns or the ‘Very’ type of firearm).
- A firearm designed to be used in film, television, or theatrical productions for the purposes of breaking glass or ceramic articles and that is only capable of firing a projectile over a short range (such as the firearm known as the ‘Trunnion’ gun).
- A tool designed to discharge a nail, spike, or other fastener into or through material by means of compressed air or carbon dioxide (such as a nail gun).
Reasons Why Imitation Firearms Are Regulated
Why are imitation firearms regulated in NSW? Here are some reasons why:
- As in all of Australia, imitation firearms in NSW can be easily mistaken for real ones, posing a significant risk to both the public and law enforcement. This potential for misidentification can lead to unnecessary use of force or escalation of violence.
- Even if not used aggressively, imitation firearms can instill fear and panic in public spaces, potentially leading to injuries or stampedes. This can also embolden individuals to commit crimes using the imitation firearm.
- Certain imitation firearms, like gel blasters, have been used in serious crimes like robberies and assaults, raising concerns about their potential to intimidate and cause harm.
A gel blaster is a type of type of gun that shoots a gel pellet that has been soaked in water.
Penalties
The penalties for unauthorised possession of an imitation firearm in NSW are as follows:
- Imitation Pistol or Prohibited Firearm. The maximum penalty for possessing or using an imitation pistol or imitation prohibited firearm without a permit is 14 years imprisonment.
- Other Imitation Firearm. The maximum penalty for possessing or using any other imitation firearm without a permit is 5 years imprisonment.
Check this out: Imitation Firearm Application
Programs That Reduce Gun Violence NSW
To reduce and prevent gun violence in NSW, there are several initiatives that the NSW government were able to implement:
- Firearm Safety Awareness Campaigns. Programs like “GunSmart” educate the public about responsible gun ownership, safe storage practices, and the dangers of illegal firearms.
- Mandatory Firearms Safety Training. All gun licence applicants in NSW undergo comprehensive training on the safe handling, storage, and transportation of firearms.
Seek Professional Guidance from JB Solicitors
Facing legal issues related to gun violence in Australia demands the expertise of skilled attorneys. With potential penalties ranging from fines to lengthy prison sentences, you must secure the services of a reputable law firm. JB Solicitors will be there with you every step of the way.