This article will help you understand the legal status of Gel Blasters, Airsoft guns, and BB guns across Australia. These items, often mistaken for toys, can have serious legal implications depending on where you are in the country.

The laws surrounding their possession and use vary significantly from state to state, with some regions imposing strict regulations and others offering more leniency. For instance, in NSW, it is illegal to possess a Gel blaster without a valid permit. This guide will provide an overview of the relevant laws in each state to help you understand the risks and requirements associated with owning these items in Australia.

‍

What Are Gel Blasters?

Gel Blasters are a type of air gun that shoots small, water-absorbent gel pellets. These devices are designed to mimic the appearance and feel of real firearms, which is part of their appeal in recreational activities. Often used in skirmish games, similar to paintball or airsoft, Gel Blasters have gained popularity for providing a fun, adrenaline-filled experience in a safe and controlled environment. They are also commonly referred to as ‘Gel Guns’ or ‘Gel Ball Blasters.’

Despite their intended use for entrainment, Gel Blasters’ realistic appearance has raised public concern, particularly because they can easily be mistaken for actual firearms. This resemblance has led to significant regulations across different regions in Australia.

‍

Understanding the Firearms Act 1996 (NSW)

The Firearms Act 1996 is the cornerstone of firearm regulation. It is designed to control the ownership, use, and distribution of firearms within the state. This legislation was introduced in response to the need for stricter gun control, ensuring public safety while regulating the use of firearms for legitimate purposes. Key elements of the Firearms Act 1996 include:

• The Classification of Firearms: This classifies firearms into various categories. The classification determines the level of control and the specific requirements of ownership and use.
• Storage: The act mandates strict storage requirements to prevent unauthorised access to firearms.
• Licencing and Permit: To legally possess or use a firearm in NSW, you must obtain a licence specific to the firearm’s classification.
• Usage: The Act outlines the specific conditions under which firearms can be used.
• Penalties: The Act imposes severe penalties for breaches of the law, such as fines, imprisonment, and revocation of licences.

‍

Gel Blasters Under the Firearms Act 1996 (NSW)

Despite Gel Blaster’ primary use in recreational activities, they are classified as firearms under the Firearms Act 1996 in NSW. This classification is derived from their realistic design and characteristics, which are similar to those of an actual firearm. Due to this, Gel Blasters are subject to the same strict regulations as other firearms within NSW.

Under the Firearms Act 1996, Gel Blasters are considered prohibited firearms primarily because of their realistic appearance and possibility for misuse. Gel Blasters are designed to closely resemble real guns, making it difficult for law enforcement and the public to distinguish these from real firearms. The similarity between them raises public concern, especially in situations where a Gel Blaster could be mistaken for a real firearm.

Additionally, the act defines a firearm based on its design and potential to cause harm or fear to people. Although Gel Blasters use gel pellets rather than traditional ammunition, they fit this definition due to their capability to discharge a pellet and their design, which often cannot be distinguished from real firearms.

The classification of Gel Blasters as prohibited firearms under the Firearms Act means that their possession, use, and distribution are strictly monitored in NSW. You must obtain a valid permit to legally own or operate a Gel Blaster, and unauthorised possession can result in severe penalties, including fines and imprisonment. This strict regulation reflects the government’s commitment to maintaining public safety by minimising the risks associated with these gel blasters.

‍

What is an imitation firearm under the Firearms Act 1996?

In the context of the Firearms Act, an imitation firearm is defined as any object that, while not capable of discharging a projectile, is designed to resemble a real firearm so similarly that it can be mistaken for one. This definition encompasses a wide range of items that look like firearms but do not have the functional mechanisms of an actual firearm. The key factor is the potential for these items to cause fear or confusion in public spaces or interactions with law enforcement.

Gel Blasters fall into the category of imitation firearms under the Act. Despite their intended recreational use, Gel Blasters are duplicate real firearms. This can make it difficult for others to distinguish between a Gel Blaster and an actual firearm.

‍

Why are Gel Blasters and similar guns illegal in NSW?

The illegal status of Gel Blasters in NSW is primarily due to their misuse in crimes and the public safety risks they pose, as they closely resemble real firearms. Numerous incidents have involved Gel Blasters in unlawful activities, prompting stricter regulation:

• Armed Robberies: Criminals have used Gel Blasters to intimidate victims. In 2021, a Sydney service station was robbed by a man wielding a Gel Blaster, causing panic as it was mistaken for a real gun.
• Public Fear and Police Response: In another case, a teenager carrying a Gel Blaster in public was mistaken for having a real firearm, triggering a police response that could have turned dangerous. Such incidents highlight the difficulty law enforcement faces in distinguishing these from real guns.
• School Lockdowns: Gel Blasters have caused school lockdowns and public disruptions, adding pressure on emergency services. In one instance, a school was locked down when a student brought in a Gel Blaster, leading to widespread panic.

‍

These examples underline why Gel Blasters are prohibited under the Firearms Act 1996—to prevent their misuse and reduce the risk of harm.

‍

What are the penalties for possessing a Gel Blaster, Airsoft Gun or BB Gun?

In NSW, the unauthorised possession or use of a Gel Blaster, Airsoft Gun or BB Gun is handled under the Firearms Act 1996. These items are classified as firearms or imitation firearms due to their realistic appearance and potential to cause harm, making it illegal to own without a licence or permit.

The penalties for unlawfully possessing or using these items include:

• Maximum Penalty in the District Court: If the case is heard in the NSW District Court, the maximum penalty is 5 years in prison.
• Maximum Penalty in the Local Court: If the case remains in the local court, you can face up to 2 years in prison.

‍

These penalties demonstrate the seriousness of the law. Outside of imprisonment, you can also face fines, a criminal record, and repercussions on your ability to travel or work.

‍

What Should You Do If You Want to Own or Surrender a Prohibited Firearm in NSW?

If you wish to legally obtain a Gel Blaster in NSW, you must obtain a category A firearms licence. This process involves:

• Submitting an application to the NSW police firearms registry.
• Undergoing background checks, including criminal history and mental health assessments.
• Providing a reason for possessing a firearm. This could include an occupational purpose.
• Completing a firearm safety course, which is required for all new applicants.

‍

Without a valid firearms licence, possessing a Gel Blaster can lead to significant legal consequences, including imprisonment.

‍

Registering the Gel Blaster

In addition to obtaining a firearms licence, Gel Blasters must be registered with the NSW Firearms Registry. Registration involves providing details of the Gel Blaster, such as its make, model, and serial number. Failure to register your Gel Blaster can result in criminal charges, even if you hold a valid licence.

‍

Surrendering Your Gel Blaster

If you no longer wish to own your Gel Blaster or cannot comply with the licensing and registration requirements, the safest option is to surrender it. NSW authorities allow for Gel Blasters to be surrendered without penalty, provided you follow the correct procedures:

• Surrender to NSW Police: You can bring your Gel Blaster to any police station. Contact the station beforehand to arrange a safe and lawful handover.
• Surrender to a Licensed Firearms Dealer: You can take your Gel Blaster to a participating licensed firearms dealer who can safely dispose of it on your behalf. Ensure the dealer is licensed to handle prohibited firearms.

‍

Both options provide a legal way to surrender your Gel Blaster without facing prosecution. This process ensures that individuals who unintentionally acquired Gel Blasters before understanding the legal requirements can avoid criminal penalties by voluntarily giving them up.

‍

What if I also possess Gel Blaster, Airsoft, or BB Gun ammunition?

In NSW, possessing ammunition for a Gel Blaster, Airsoft, or BB Gun without a valid permit or firearms licence is a serious offence under the Firearms Act. Just like the weapons, the ammunition is regulated to prevent misuse and ensure public safety.

Definition

The Firearms Act defines ammunition as any material that is capable of being used in a firearm to discharge a projectile. This includes bullets, cartridges, and other projectiles, as well as anything that can be used in a replica or imitation firearm, such as a Gel Blaster.

Gel pellets are commonly used in Gel Blasters and fall within this definition, even though they are non-lethal and primarily water-based. Due to their connection to devices that are classified as firearms, possessing these gel pellets without the proper licence is considered an offence.

‍

Offences and Penalties

Possession of ammunition without a valid permit or firearms licence can result in heavy penalties similar to those for unauthorised firearm possession. Depending on the circumstances, penalties may include:

• Fines
• A maximum of 5 years imprisonment if the case is heard in the district court, or 2 years if in the local court.

‍

How to Obtain a Permit or Licence for a Gel Blaster, BB Gun or Airsoft Gun

In NSW, obtaining a permit or licence to legally possess a Gel Blaster, BB, or Airsoft gun requires meeting specific legal criteria. Key requirements include:

A genuine reason for a firearms licence

When applying for a firearms licence, you must demonstrate a genuine reason. Some acceptable reasons include:

• Sporting or Target Shooting: Membership in a registered shooting club is a genuine reason. For Gel Blasters, joining a sports club that engages in skirmish-style games or shooting events can also qualify.
• Occupational Use: If the firearm is necessary for your job, such as security personnel.
• Recreational Hunting: Certain hunting activities also qualify as a valid reason, but this usually applies to more conventional firearms.

‍

Each application will require evidence to support your reason.

Legitimate reason for a permit

For short-term ownership or specific uses, you may also need to apply for a firearms permit. A legitimate reason must be shown, such as:

• Attending a firearms event or exhibition
• Transporting firearms for professional reasons (law, enforcement or security)

‍

Applying

You can apply for a firearms licence or permit through the NSW Police Firearms Registry. The application requires documentation proving your reason, completion of a safety course, and personal identification details.

‍

Need legal advice regarding your firearm?

Navigating laws surrounding Gel Blasters, Airsoft, and BB Guns can be complicated, with severe penalties for unauthorised possession or use. Whether you are facing charges or have questions about firearms regulations, obtaining professional legal advice is essential.

If you are in any legal trouble related to firearms, it is crucial to act quickly. Faraj Defence Lawyers can help you understand your rights and guide you through the legal process. Our Defence Lawyers specialise in firearms law and can offer the best defence or legal strategy to help resolve your case.

‍