Australian Weapons Laws and Regulations
Australia like every country is unique in the laws and regulations that attach to the ownership, possession of and use of weapons. As the country is divided into individual States and Territories and each has its own State or Territory government the legislation and regulations differ from place to place.
It is important to become familiar with the laws and regulations that are not only applicable to your area but if you wish to travel to other states or territories you need to be aware of the local situation. Be very aware that ignorance of the local laws is not an excuse for breaking said law. this applies at home and in other places you visit.
The differing laws all have a number of similarities in regards to what is classified as a weapon, what is prohibited and if possession requires permits or licences to own or possess. They also restrict how, where and who may use or possess weapons as well as carrying and storing the weapons. Some items will be prohibited completely whereas some will be permitted by licence.
Below is an overview of the relevant rules relating to weapons possession. This is merely an overview and is subject to change so the reader should not rely on the overview in making decisions as to the lawfulness or not of weapons and their possession, use or storage. Always check the legislation and local law enforcement information to check.
The writer takes no responsibility and the reader undertakes all risk personally for any decisions, actions or similar that a reader undertakes based on the information provided.
States
Queensland
New South Wales
Victoria
Tasmania
South Australia
Western Australia
Territories
Northern Territory
Australian Capital Territory
Norfolk Island
Other Territories
Queensland
In Queensland if you want to buy a firearm, own a fire arm or even just possess a firearm you are going to have to have a licence for that class of firearm. If you have a licence for a hand gun that does not mean you can have a rifle or a shotgun, they are different classes and as such you are going to need your licence to be endorsed for every class of gun you want.
Classes of guns get tricky but in essence guns of all types are going to be limited in capacity and fire rate. As such automatic rifles, shotguns and even self-loading rifles are not something you are going ordinarily get your hands on. A hand gun is limited in the magazine capacity as are most rifles and shotguns.
The issue of firearms is fairly well known in regards to restricted types and licences needed. All firearms must be registered. Of interest, here in Queensland you cannot sell a firearm directly to another person. The deal to sell and or buy firearms must be brokered by a licenced firearms dealer.
You also can’t just go and buy a firearm. You are going to have to get a permit to buy the firearm which is the, “Permit to Acquire”. Yep there will be no impulse buying here thank you kindly.
So moving away from fire arms let’s have a look at the list of the other things you can’t have without a licence. If you want these items you are going to need the Class M licence.
Each of the following is a category M weapon--
(a)
any clothing, apparel, adornment, accessory or other thing--
(i)
designed to disguise any weapon or other cutting or piercing instrument capable of causing bodily harm; or
Examples— a bowen knife belt, a credit card knife
(ii)
designed for use as a weapon or a cutting or piercing instrument capable of causing bodily harm;
(b)
any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand, the blade may be released by that hand;
(c)
a ballistic knife that propels or releases a knife-like blade of any material by any means other than an explosive;
(d)
a butterfly knife, a knife known as a ‘balisong’, a pantographic knife, or a similar device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins or pantographic linkage and is capable of being opened by gravity or centrifugal force;
(e)
a flick knife, or a similar device of any material that has a blade folded or recessed into the handle that opens automatically by gravity or centrifugal force or if pressure is applied to a button, spring or device in or attached to the handle of the device;
(f)
a push knife, or a similar device designed as a weapon that consists of a single-edged or multi-edged blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action;
(g)
a sheath knife, or a similar device of any material that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the device;
(h)
a star knife, or a similar device that consists of at least 2 angular points, blades or spikes, of any material, disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target;
(i)
a trench knife, or a similar device that consists of a single-edged or multi-edged blade or spike of any material that is fitted with a handle made of any hard substance that is designed to be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow;
(j)
a riding crop that contains, conceals or disguises a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material;
(k)
a walking stick or cane that contains, conceals or disguises a sword or any other single-edged or multi-edged blade, knife or spike of any length or of any material;
(l)
any incendiary or inflammable device containing any substance capable of causing bodily harm or damage to property that is primarily designed for vegetation management;
(m)
any pistol crossbow designed to be discharged by the use of 1 hand (that is not a toy pistol crossbow) that when discharged is capable of causing damage or injury to property or capable of causing bodily harm;
(n)
any crossbow designed to be discharged by the use of 2 hands that, when discharged, is capable of causing damage or injury to property or capable of causing bodily harm;
(o)
a chinese throwing iron that is a hard non-flexible plate having 3 or more radiating points with 1 or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or geometric shape and constructed or designed to be thrown as a weapon;
(p)
a flail or similar device constructed and designed as a weapon consisting of in part a striking head and which, if used offensively against a person, is capable of causing bodily harm;
(q)
a device known as a ‘manrikiguisari’ or ‘kusari’, consisting of a length of rope, cord, wire or chain fastened at each end to a geometrically shaped weight or handgrip and constructed or designed for use as a weapon;
(r)
a device known as a knuckleduster or any device made or adapted for use as a knuckleduster and which, if used offensively against a person, is capable of causing bodily harm;
(s)
a weighted glove designed or constructed to be used as a weapon;
(t)
a mace or any similar article (other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions);
(u)
any device, not a toy, constructed or designed as a telescopic baton, the extension of which is actuated by the operation of a mechanical trigger.
So far in Queensland you can see they have taken a lot of our toys off of us and required us to ask for them back by way of licencing.
Yet we aren’t finished. There are restricted items too which you can only have if you have a lawful excuse. This means you can have them but need a lawful excuse in the event you are caught in possession of them.
(a)
handcuffs, thumbcuffs or other similar restraints;
(watch out, just because you want to restrain someone for a reasonable purpose dosen’t mean it’s a lawful excuse. You are going to need to be a security guard and have a very good reason to need to restrain people. Mainly these are reserved for the police force)
(b)
nunchaku or kung-fu sticks or any similar device which consists of 2 hard non-flexible sticks, clubs, pipes or rods connected by a length of rope, cord, wire or chain constructed or designed to be used in connection with the practice of a system of self-defence and which if used offensively against a person is or are capable of causing bodily harm;
(c)
a billy club, a baton or any device constructed or designed as a telescopic baton, not being a toy or a category M weapon, that if used is capable of causing bodily harm;
(d)
any studded glove which if used offensively against a person is capable of causing bodily harm;
(e)
a laser pointer.
Yep you read the last one right, no laser pointers. Unless you are involved in a genuine astronomical society and it’s then restricted in how powerful it is.
If you’re lucky enough to be permitted a licence after going through the application process (Don’t bother to apply if you have a criminal record as that makes it tricky to be granted a license). You now have to store the weapons. You’re going to need a safe of some type to store them in. its ok, we have standards for you to comply to.
Want to take your firearm or weapon from your home to the range? Better have a case to transport it in. We have standards for that too. Oh and no carrying your weapons in public. Cases everybody, keep them in cases as we wouldn’t want them to be seen and scare anyone.
Even if you have your licence, your permit to own or it’s not a restricted weapon. Well take care where you play. No shooting or discharging a weapon on someone’s land without their permission. Remember that over here every bit of land is owned either by the public or by the state. The state requires you have permission to shoot on any of their land so going bush and shooting can lead to trouble.
By discharge we essentially mean make it do what it’s supposed to do. Your slingshot isn’t a restricted weapon but don’t have it out in public and don’t use it on someone’s property without permission.
So things that aren’t restricted include Slingshots (you are permitted an arm brace on your slingshot), you can have a sword (which is strange given that you can’t have a mace for some reason) and you can have machetes and axes.
When it comes to laws relating to the use of weapons or being of possession of weapons you should also look to other offences under the Criminal Codes. Anything that can be used as a weapon will be an aggravating factor in such things as assault charges. We do not support or condone violence against humans who are not zombiefied but note that a glass bottle becomes a weapon for the purposes of assault charges.
Displaying weapons in public or acting in a manner that would make a reasonable person
New South Wales
The great state of New South Wales is pretty pedantic in how they list out what’s not permitted. The following list is Schedule 1 to the Prohibited Weapons Act 1998 and lists all the fun stuff that’s prohibited.
That’s of course prohibited without a permit which requires a genuine reason to have one. Of interest the legislation sets out what they consider genuine reasons.
There’s a whole pile of offences relating to these prohibited weapons list. Things you can’t do include;
Possessing a prohibited weapon
Selling a prohibited weapon
Advertising for sale a prohibited weapon
Manufacturing a prohibited weapon
Sending or receiving a prohibited weapon
Of interest is the fact that persons outside of the state can be charged with sending a prohibited weapon if the sender should have reasonably known the person receiving wasn’t permitted to. Using the prohibited weapon is also right up there with things you can’t do
Next there are some pretty stringent rules for the storage of weapons too. Safes, cases and not let anyone see it all play a part in keeping your dirty little secret that you might have once wanted to buy a weapon.
Something of note is that archery gear with the exception of crossbows is not on the list.
Schedule 1
1 Knives
(1)
A flick knife (or other similar device) that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.
(2)
A ballistic knife that propels a knife-like blade of any material by any means other than an explosive.
(3)
A sheath knife that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife.
(4)
An Urban Skinner push dagger or any other device that consists of a single-edged or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action.
(5)
A trench knife or any other device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted, wholly or partly, over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use.
(6)
A butterfly knife or “balisong” or any other device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins and is capable of being opened by gravity or centrifugal force.
(7)
A star knife or any other device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target.
1A Military-style weapons
(1)
Any bomb, grenade, rocket, missile or mine or other similar device (such as a tear-gas canister) that is in the nature of, or that expels or contains, n
explosive, incendiary, irritant, gas or smoke, and whether or not it is live, has been deactivated or is spent.
For the purposes of this subclause, "bomb" includes a device known as an Improvised Explosive Device (or IED).
(2)
Any device intended for use by a military or defence force and that is designed to propel or launch a weapon referred to in subclause (1).
(3)
A flame thrower that is of military design or any other device that is capable of projecting ignited incendiary fuel.
2 Miscellaneous weapons
(4)
A spear gun having an overall length (being the length of the spear gun when it is not loaded with a spear) of less than 45 centimetres.
(5)
A crossbow (or any similar device) consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt.
(6)
A slingshot (being a device consisting of an elasticised band secured to the forks of a “Y” shaped frame), other than a home-made slingshot for use by a child in the course of play.
(7)
A Saunders “Falcon” Hunting Sling, or any other device in the nature of a hunting sling, catapult or slingshot that is designed for use with, or a component part of which is, a brace that:
(a) fits or rests on the forearm or on another part of the body of the user, and (b) supports the wrist against the tension of elastic material used to propel a projectile.
(8)
A blow-gun or blow-pipe that is capable of projecting a dart, or any other device that consists of a pipe or tube through which missiles in the form of a dart are capable of being projected by the exhaled breath of the user or by any other means other than an explosive.
(9)
Any dart capable of being projected from a blow-gun or blow-pipe.
(10)
A Farallon Shark Dart, or any other similar device that is designed to expel, on contact, any gas or other substance capable of causing bodily harm and which is reasonably capable of being carried concealed about the person.
(11)
A dart projector known as the Darchery dartslinger, or any other similar device that is designed to project a dart by means of an elasticised band.
(12)
A mace or any other similar article that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions.
(13)
A flail or any other similar article that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any protruding matter.
(14)
A whip that has a lash which is comprised wholly or partly of any form of metal.
(15)
A whip known as a cat-o’-nine-tails, or any other whip that consists of a handle to which there is attached any number of knotted lashes.
(16)
Kung fu sticks or “nunchaku”, or any other similar article consisting of 2 or more sticks or bars made of any material that are joined together by any means that allows the sticks or bars to swing independently of each other, but not including any such article that is produced and identified s a children’s toy.
(17) A side-handled baton or any other similar article consisting of a baton, staff or rod that is made of any hard substance and has fitted to one side a handle, whether or not that handle is permanently fixed, but not including any such article that is produced and identified as a children’s toy.
(17A)
An extendable or telescopic baton.
(18)
Any hand-held defence or anti-personnel device that is designed to administer an electric shock on contact.
(18A)
A Taser gun or other similar anti-personnel conducted energy device.
(18B)
A cartridge or similar device that is designed to propel probes or prongs from a weapon referred to in subclause (18A).
(19)
Knuckle-dusters or any other similar article that is made of any hard substance and that can be fitted over 2 or more knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or other blow or that is adapted for use as such.
(20)
A sap glove, or any other similar article, that consists of a glove (including a fingerless glove) that has a layer of powdered lead sewn under the outer covering and positioned over the knuckle area on the back of the glove.
(21)
A studded glove, or any other similar article, that consists of a glove (including a fingerless glove) that has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove to increase the effect of a punch or blow.
(22)
Any device designed or intended as a defence or anti-personnel spray and that is capable of discharging by any means any irritant matter comprising or containing any one or more of the following substances in liquid, powder, gas or chemical form:
(a) chloroacetophenone, known as CN,
(b) orthochlorobenzalmalononitrile, known as CS,
(c) dypenylaminechloroarsone, known as DM or Adamsite,
(d) oleoresin capsicum, known as OC.
(23)
Any device (not being a device referred to in subclause (22)) designed as a defence or anti-personnel spray and that is capable of discharging any irritant matter.
(24)
Any acoustic or light-emitting anti-personnel device that is designed to cause permanent or temporary incapacity or to otherwise disorientate persons.
3 Imitations, concealed blades etc
(1)
Any object that substantially duplicates in appearance a weapon referred to in clause 1A (1), but not including an object that is produced and identified as a children’s toy.
[No clause 2]
(3)
A walking stick or cane that contains a sword or any other single-edged or multi-edged blade or spike of any length or of any material.
(4)
A riding crop that contains a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material.
(5)
A Bowen Knife Belt or any other similar article consisting of a belt or belt buckle that conceals or disguises within the article a knife or a single-edged or multi-edged blade or spike of any length or of any material.
(6)
Any article or device that:
(a) due to its appearance is capable of being mistaken for something else that is not a weapon, and
(b) disguises and conceals within it a single-edged or multi-edged blade or spike of any length or of any material.
4 Miscellaneous articles
(1)
Body armour vests (or other similar article) designed for anti-ballistic purposes or similar purposes (such as protection against electroshock or conducted energy devices) and to be worn on (or to cover) any part of the body, but not including helmets or anti-ballistic articles used to protect the eyes or ears.
(2)
Handcuffs (including thumb and leg cuffs), being a set of ring-shaped shackles of any material (and connected by any means) that are designed to be worn on the wrists, thumbs or ankles (as the case requires), but not including:
(a) antique handcuffs, or
(b) handcuffs produced and identified as children’s toys, or
(c) handcuffs that are designed to be released by the wearer (such as handcuffs used in theatrical productions).
(3)
Silencers or any other device designed for attachment to a firearm for the purpose of muffling, reducing or stopping the noise created by firing the firearm.
(4)
A detachable firearm magazine of any of the following kinds:
(a) a rimfire rifle magazine with a capacity of more than 15 rounds,
(b) a centre-fire self-loading rifle magazine with a capacity of more than 5 rounds,
(c) a centre-fire rifle magazine (other than a self-loading rifle magazine) with a capacity of more than 10 rounds,
(d) a shotgun magazine with a capacity of more than 5 rounds,
(e) a tubular magazine extension that is capable of extending the capacity of any firearm,
(f) a pistol magazine with a capacity of more than 10 rounds,
(g) any magazine designed to be attached to any machine gun, sub-machine gun or other firearm that is capable of propelling projectiles in rapid succession following one pressure of the trigger.
(5)
Any article or device, such as a device known as a brass catcher, that is designed to be attached to a firearm for the purposes of catching ejected cartridge cases when the firearm is being fired.
(6)
Any portable tyre deflation device, or any other similar portable device, that is designed to puncture, or that has been adapted for the purposes of puncturing, the tyres of a motor vehicle when driven over the device.
(7)
Any article or device, such as a device known as a caltrop, that is made up of two or more sharp nails or spines arranged in such a manner that one of them always points upward however the article or device is placed and that is capable of puncturing the feet, paws or hooves of animals when they pass over the article or device.
(8)
A laser pointer, or any other similar article, that consists of a hand-held battery-operated device with a power output of more than 1 milliwatt, designed or adapted to emit a laser beam and that may be used for the purposes of aiming, targeting or pointing.
(9)
Any device (regardless of its composition) that is designed to propel or launch a bomb, grenade, rocket or missile by any means other than by means of an explosive, including a device known as a PVC cannon.
Under the Summary Offences Act it is an offence to have custody of a knife of offensive implement without reasonable excuse in a pubic place. Reasonable excuse is considered in relation to such things as for work. As such a small pen knife for opening boxes if you need one may not be permitted in a public place if it is not where you perform your work.
Using or carrying a knife in a public place or even an offensive implement in such a way as to cause a reasonable person of normal fortitude fear is an offence. just for fun there doesn't actually have to be a person of reasonable fortitude present. It's one of those interesting legal scenarios, if a person wields a knife in a public place and there is not body there to see, did they wield the knife?
It's an interesting thing to note that slingshots are plain banned unless they are a children's toy. Calling your slingshot by another name such as "flyswatter" does not alter the fact it is a slingshot which is recognised by the courts as a particular basic design including the elasticised projectile energy source. What makes a children's toy is interesting as its not clearly defined. it does need to be home made. I am doubtful that making a slingshot and plastering it with "Hello Kitty" stickers will make it a toy. (Have to admit I do like the idea of the hello kitty shanghai slingshot).
Another item of interest is the Blowgun. The simple piece of pipe you put a dart into and blow. It's not really a great zombie weapon but could be useful for small game. the possession of darts is also not allowed. The possession of a pipe itself is not banned, just one used for a blowpipe or blowgun. hats going to give it way is having darts with the pipe. Having paper, nails and sticky tape close by could be a give away you are about to make darts (that's the simple technique I remember from my childhood). Thus if you have a pipe in your Bug out Bag and simple tools that could if you were desperate, turn into darts, well that might be ok but not recommended. This argument isn't tested and is therefore unreliable.
Victoria
In the great state of Victoria things are pretty tight in regards to items that might when used be able to hurt, damage or essentially be mildly scary to someone. They classify these into four groups being Firearms, controlled weapons, Prohibited Weapons and our favourite weapon Body Armour.
Firearms are a class of weapons with very strict requirements in relation to ownership, registration, storage and use. Essentially you are in trouble if you possess a firearm without the proper licence and all the bits that go with it.
Controlled Weapons
Controlled weapons are a short list of items that goes a long way and includes the following;
Of this list the knife is of the most interest. The description is really helpful, “A Knife that isn’t a prohibited weapon".
You don’t need a permit or licence to have controlled weapons but you will need to obey the law that states you must have a lawful excuse. Lawful excuse includes the pursuit of lawful employment, duty or activity, participation in any lawful sport, recreation or entertainment and legitimate collection, display and exhibition of weapons. Considering that there are bugger all on the list lawful display is unlikely as it would be pretty small exhibition.
If you have a baseball bat you better be playing the game or on your way to and from playing the game or you're in trouble.
Prohibited Weapons
Prohibited weapons are weapons that are prohibited to persons for general possession and use without Approval. It’s also illegal to make, carry, sell or import prohibited weapons.
Let’s pop back to the matter of knives as a controlled weapon. A Prohibited knife can be a specific type of knife such as the Butterfly (balisong) knife. Where it is a standard knife then we need to consider what constitutes a dagger because they are prohibited
Dagger
A sharp pointed stabbing instrument (other than an oyster knife), ordinarily capable of being concealed on the person and having:
(a) a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or
(b) a needle-like blade, the cross section of which is elliptical or has three or more sides. This does not include instruments such as swords or bayonets.
Also on the list are knives of any shape or description that are not made of metal. I have no idea how they are dealing with the rather excellent ceramic chef’s knives available on the market but technically they are out.
Add to the list throwing knives and throwing axes which are out. This means that so far we aren't having much fun in Victoria.
Body armour, batons and handcuffs
Yep you can’t have any of these without being licenced in some manner. Security guards and bodyguards can get licences but most everyone else is out.
It gets worse.
If you though things sucked in Victoria in regards to restrictions for the possession of weapons well its gets more restrictive with a restriction on dangerous articles. Basically ANY item that is carried with intention to be used as a weapon or adapted or modified so as to be capable of being used as a weapon
The restriction is in regards to carrying these in a public place. So your tool box at home is ok. the one in the car is ok but you need to keep it closed and only have tools out while you are actually using them.
These are ordinary articles such as screwdrivers, machetes, wrenches and hammers. Add to this they are likely going to lose it if you have a nail gun (probably prohibited somewhere without a licence) and don’t dream of having a modified baseball bat in the car.
Again we are hit with the same lawful excuse exception such as for work and sport. A new proviso is in regards to the item being used for its designed purpose.
Coming back to knives the issue isn’t what you are allowed to have in the way of a knife but more why you have it and is having it a lawful excuse in public. Technically a Swiss Army type knife could run afoul of these rules. It might be a damn handy item to have but whether “damn handy item to have” is going to get past the legitimate reasons test is another matter.
Out camping and hiking your little knife could be argued is part of a recreational activity. Walking to work, it likely not arguable.
So Victoria is making everyone refrain from carrying what many people consider is a simple tool for day to day living. In fact they are even stopping us carrying what they government itself calls a tool such as a screwdriver without having a damn good reason.
Feel like a little insult to injury? Why not enjoy the fact that the police in Victoria have extensive powers to search a person to see if they have one of these nasty evil prohibited weapons.
So in comparison to the other states so far Victoria mainly allows nothing.
Australia like every country is unique in the laws and regulations that attach to the ownership, possession of and use of weapons. As the country is divided into individual States and Territories and each has its own State or Territory government the legislation and regulations differ from place to place.
It is important to become familiar with the laws and regulations that are not only applicable to your area but if you wish to travel to other states or territories you need to be aware of the local situation. Be very aware that ignorance of the local laws is not an excuse for breaking said law. this applies at home and in other places you visit.
The differing laws all have a number of similarities in regards to what is classified as a weapon, what is prohibited and if possession requires permits or licences to own or possess. They also restrict how, where and who may use or possess weapons as well as carrying and storing the weapons. Some items will be prohibited completely whereas some will be permitted by licence.
Below is an overview of the relevant rules relating to weapons possession. This is merely an overview and is subject to change so the reader should not rely on the overview in making decisions as to the lawfulness or not of weapons and their possession, use or storage. Always check the legislation and local law enforcement information to check.
The writer takes no responsibility and the reader undertakes all risk personally for any decisions, actions or similar that a reader undertakes based on the information provided.
States
Queensland
New South Wales
Victoria
Tasmania
South Australia
Western Australia
Territories
Northern Territory
Australian Capital Territory
Norfolk Island
Other Territories
Queensland
In Queensland if you want to buy a firearm, own a fire arm or even just possess a firearm you are going to have to have a licence for that class of firearm. If you have a licence for a hand gun that does not mean you can have a rifle or a shotgun, they are different classes and as such you are going to need your licence to be endorsed for every class of gun you want.
Classes of guns get tricky but in essence guns of all types are going to be limited in capacity and fire rate. As such automatic rifles, shotguns and even self-loading rifles are not something you are going ordinarily get your hands on. A hand gun is limited in the magazine capacity as are most rifles and shotguns.
The issue of firearms is fairly well known in regards to restricted types and licences needed. All firearms must be registered. Of interest, here in Queensland you cannot sell a firearm directly to another person. The deal to sell and or buy firearms must be brokered by a licenced firearms dealer.
You also can’t just go and buy a firearm. You are going to have to get a permit to buy the firearm which is the, “Permit to Acquire”. Yep there will be no impulse buying here thank you kindly.
So moving away from fire arms let’s have a look at the list of the other things you can’t have without a licence. If you want these items you are going to need the Class M licence.
Each of the following is a category M weapon--
(a)
any clothing, apparel, adornment, accessory or other thing--
(i)
designed to disguise any weapon or other cutting or piercing instrument capable of causing bodily harm; or
Examples— a bowen knife belt, a credit card knife
(ii)
designed for use as a weapon or a cutting or piercing instrument capable of causing bodily harm;
(b)
any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand, the blade may be released by that hand;
(c)
a ballistic knife that propels or releases a knife-like blade of any material by any means other than an explosive;
(d)
a butterfly knife, a knife known as a ‘balisong’, a pantographic knife, or a similar device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins or pantographic linkage and is capable of being opened by gravity or centrifugal force;
(e)
a flick knife, or a similar device of any material that has a blade folded or recessed into the handle that opens automatically by gravity or centrifugal force or if pressure is applied to a button, spring or device in or attached to the handle of the device;
(f)
a push knife, or a similar device designed as a weapon that consists of a single-edged or multi-edged blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action;
(g)
a sheath knife, or a similar device of any material that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the device;
(h)
a star knife, or a similar device that consists of at least 2 angular points, blades or spikes, of any material, disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target;
(i)
a trench knife, or a similar device that consists of a single-edged or multi-edged blade or spike of any material that is fitted with a handle made of any hard substance that is designed to be fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow;
(j)
a riding crop that contains, conceals or disguises a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material;
(k)
a walking stick or cane that contains, conceals or disguises a sword or any other single-edged or multi-edged blade, knife or spike of any length or of any material;
(l)
any incendiary or inflammable device containing any substance capable of causing bodily harm or damage to property that is primarily designed for vegetation management;
(m)
any pistol crossbow designed to be discharged by the use of 1 hand (that is not a toy pistol crossbow) that when discharged is capable of causing damage or injury to property or capable of causing bodily harm;
(n)
any crossbow designed to be discharged by the use of 2 hands that, when discharged, is capable of causing damage or injury to property or capable of causing bodily harm;
(o)
a chinese throwing iron that is a hard non-flexible plate having 3 or more radiating points with 1 or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or geometric shape and constructed or designed to be thrown as a weapon;
(p)
a flail or similar device constructed and designed as a weapon consisting of in part a striking head and which, if used offensively against a person, is capable of causing bodily harm;
(q)
a device known as a ‘manrikiguisari’ or ‘kusari’, consisting of a length of rope, cord, wire or chain fastened at each end to a geometrically shaped weight or handgrip and constructed or designed for use as a weapon;
(r)
a device known as a knuckleduster or any device made or adapted for use as a knuckleduster and which, if used offensively against a person, is capable of causing bodily harm;
(s)
a weighted glove designed or constructed to be used as a weapon;
(t)
a mace or any similar article (other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions);
(u)
any device, not a toy, constructed or designed as a telescopic baton, the extension of which is actuated by the operation of a mechanical trigger.
So far in Queensland you can see they have taken a lot of our toys off of us and required us to ask for them back by way of licencing.
Yet we aren’t finished. There are restricted items too which you can only have if you have a lawful excuse. This means you can have them but need a lawful excuse in the event you are caught in possession of them.
(a)
handcuffs, thumbcuffs or other similar restraints;
(watch out, just because you want to restrain someone for a reasonable purpose dosen’t mean it’s a lawful excuse. You are going to need to be a security guard and have a very good reason to need to restrain people. Mainly these are reserved for the police force)
(b)
nunchaku or kung-fu sticks or any similar device which consists of 2 hard non-flexible sticks, clubs, pipes or rods connected by a length of rope, cord, wire or chain constructed or designed to be used in connection with the practice of a system of self-defence and which if used offensively against a person is or are capable of causing bodily harm;
(c)
a billy club, a baton or any device constructed or designed as a telescopic baton, not being a toy or a category M weapon, that if used is capable of causing bodily harm;
(d)
any studded glove which if used offensively against a person is capable of causing bodily harm;
(e)
a laser pointer.
Yep you read the last one right, no laser pointers. Unless you are involved in a genuine astronomical society and it’s then restricted in how powerful it is.
If you’re lucky enough to be permitted a licence after going through the application process (Don’t bother to apply if you have a criminal record as that makes it tricky to be granted a license). You now have to store the weapons. You’re going to need a safe of some type to store them in. its ok, we have standards for you to comply to.
Want to take your firearm or weapon from your home to the range? Better have a case to transport it in. We have standards for that too. Oh and no carrying your weapons in public. Cases everybody, keep them in cases as we wouldn’t want them to be seen and scare anyone.
Even if you have your licence, your permit to own or it’s not a restricted weapon. Well take care where you play. No shooting or discharging a weapon on someone’s land without their permission. Remember that over here every bit of land is owned either by the public or by the state. The state requires you have permission to shoot on any of their land so going bush and shooting can lead to trouble.
By discharge we essentially mean make it do what it’s supposed to do. Your slingshot isn’t a restricted weapon but don’t have it out in public and don’t use it on someone’s property without permission.
So things that aren’t restricted include Slingshots (you are permitted an arm brace on your slingshot), you can have a sword (which is strange given that you can’t have a mace for some reason) and you can have machetes and axes.
When it comes to laws relating to the use of weapons or being of possession of weapons you should also look to other offences under the Criminal Codes. Anything that can be used as a weapon will be an aggravating factor in such things as assault charges. We do not support or condone violence against humans who are not zombiefied but note that a glass bottle becomes a weapon for the purposes of assault charges.
Displaying weapons in public or acting in a manner that would make a reasonable person
New South Wales
The great state of New South Wales is pretty pedantic in how they list out what’s not permitted. The following list is Schedule 1 to the Prohibited Weapons Act 1998 and lists all the fun stuff that’s prohibited.
That’s of course prohibited without a permit which requires a genuine reason to have one. Of interest the legislation sets out what they consider genuine reasons.
There’s a whole pile of offences relating to these prohibited weapons list. Things you can’t do include;
Possessing a prohibited weapon
Selling a prohibited weapon
Advertising for sale a prohibited weapon
Manufacturing a prohibited weapon
Sending or receiving a prohibited weapon
Of interest is the fact that persons outside of the state can be charged with sending a prohibited weapon if the sender should have reasonably known the person receiving wasn’t permitted to. Using the prohibited weapon is also right up there with things you can’t do
Next there are some pretty stringent rules for the storage of weapons too. Safes, cases and not let anyone see it all play a part in keeping your dirty little secret that you might have once wanted to buy a weapon.
Something of note is that archery gear with the exception of crossbows is not on the list.
Schedule 1
1 Knives
(1)
A flick knife (or other similar device) that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.
(2)
A ballistic knife that propels a knife-like blade of any material by any means other than an explosive.
(3)
A sheath knife that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife.
(4)
An Urban Skinner push dagger or any other device that consists of a single-edged or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action.
(5)
A trench knife or any other device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted, wholly or partly, over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use.
(6)
A butterfly knife or “balisong” or any other device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins and is capable of being opened by gravity or centrifugal force.
(7)
A star knife or any other device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target.
1A Military-style weapons
(1)
Any bomb, grenade, rocket, missile or mine or other similar device (such as a tear-gas canister) that is in the nature of, or that expels or contains, n
explosive, incendiary, irritant, gas or smoke, and whether or not it is live, has been deactivated or is spent.
For the purposes of this subclause, "bomb" includes a device known as an Improvised Explosive Device (or IED).
(2)
Any device intended for use by a military or defence force and that is designed to propel or launch a weapon referred to in subclause (1).
(3)
A flame thrower that is of military design or any other device that is capable of projecting ignited incendiary fuel.
2 Miscellaneous weapons
(4)
A spear gun having an overall length (being the length of the spear gun when it is not loaded with a spear) of less than 45 centimetres.
(5)
A crossbow (or any similar device) consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt.
(6)
A slingshot (being a device consisting of an elasticised band secured to the forks of a “Y” shaped frame), other than a home-made slingshot for use by a child in the course of play.
(7)
A Saunders “Falcon” Hunting Sling, or any other device in the nature of a hunting sling, catapult or slingshot that is designed for use with, or a component part of which is, a brace that:
(a) fits or rests on the forearm or on another part of the body of the user, and (b) supports the wrist against the tension of elastic material used to propel a projectile.
(8)
A blow-gun or blow-pipe that is capable of projecting a dart, or any other device that consists of a pipe or tube through which missiles in the form of a dart are capable of being projected by the exhaled breath of the user or by any other means other than an explosive.
(9)
Any dart capable of being projected from a blow-gun or blow-pipe.
(10)
A Farallon Shark Dart, or any other similar device that is designed to expel, on contact, any gas or other substance capable of causing bodily harm and which is reasonably capable of being carried concealed about the person.
(11)
A dart projector known as the Darchery dartslinger, or any other similar device that is designed to project a dart by means of an elasticised band.
(12)
A mace or any other similar article that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions.
(13)
A flail or any other similar article that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any protruding matter.
(14)
A whip that has a lash which is comprised wholly or partly of any form of metal.
(15)
A whip known as a cat-o’-nine-tails, or any other whip that consists of a handle to which there is attached any number of knotted lashes.
(16)
Kung fu sticks or “nunchaku”, or any other similar article consisting of 2 or more sticks or bars made of any material that are joined together by any means that allows the sticks or bars to swing independently of each other, but not including any such article that is produced and identified s a children’s toy.
(17) A side-handled baton or any other similar article consisting of a baton, staff or rod that is made of any hard substance and has fitted to one side a handle, whether or not that handle is permanently fixed, but not including any such article that is produced and identified as a children’s toy.
(17A)
An extendable or telescopic baton.
(18)
Any hand-held defence or anti-personnel device that is designed to administer an electric shock on contact.
(18A)
A Taser gun or other similar anti-personnel conducted energy device.
(18B)
A cartridge or similar device that is designed to propel probes or prongs from a weapon referred to in subclause (18A).
(19)
Knuckle-dusters or any other similar article that is made of any hard substance and that can be fitted over 2 or more knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or other blow or that is adapted for use as such.
(20)
A sap glove, or any other similar article, that consists of a glove (including a fingerless glove) that has a layer of powdered lead sewn under the outer covering and positioned over the knuckle area on the back of the glove.
(21)
A studded glove, or any other similar article, that consists of a glove (including a fingerless glove) that has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove to increase the effect of a punch or blow.
(22)
Any device designed or intended as a defence or anti-personnel spray and that is capable of discharging by any means any irritant matter comprising or containing any one or more of the following substances in liquid, powder, gas or chemical form:
(a) chloroacetophenone, known as CN,
(b) orthochlorobenzalmalononitrile, known as CS,
(c) dypenylaminechloroarsone, known as DM or Adamsite,
(d) oleoresin capsicum, known as OC.
(23)
Any device (not being a device referred to in subclause (22)) designed as a defence or anti-personnel spray and that is capable of discharging any irritant matter.
(24)
Any acoustic or light-emitting anti-personnel device that is designed to cause permanent or temporary incapacity or to otherwise disorientate persons.
3 Imitations, concealed blades etc
(1)
Any object that substantially duplicates in appearance a weapon referred to in clause 1A (1), but not including an object that is produced and identified as a children’s toy.
[No clause 2]
(3)
A walking stick or cane that contains a sword or any other single-edged or multi-edged blade or spike of any length or of any material.
(4)
A riding crop that contains a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material.
(5)
A Bowen Knife Belt or any other similar article consisting of a belt or belt buckle that conceals or disguises within the article a knife or a single-edged or multi-edged blade or spike of any length or of any material.
(6)
Any article or device that:
(a) due to its appearance is capable of being mistaken for something else that is not a weapon, and
(b) disguises and conceals within it a single-edged or multi-edged blade or spike of any length or of any material.
4 Miscellaneous articles
(1)
Body armour vests (or other similar article) designed for anti-ballistic purposes or similar purposes (such as protection against electroshock or conducted energy devices) and to be worn on (or to cover) any part of the body, but not including helmets or anti-ballistic articles used to protect the eyes or ears.
(2)
Handcuffs (including thumb and leg cuffs), being a set of ring-shaped shackles of any material (and connected by any means) that are designed to be worn on the wrists, thumbs or ankles (as the case requires), but not including:
(a) antique handcuffs, or
(b) handcuffs produced and identified as children’s toys, or
(c) handcuffs that are designed to be released by the wearer (such as handcuffs used in theatrical productions).
(3)
Silencers or any other device designed for attachment to a firearm for the purpose of muffling, reducing or stopping the noise created by firing the firearm.
(4)
A detachable firearm magazine of any of the following kinds:
(a) a rimfire rifle magazine with a capacity of more than 15 rounds,
(b) a centre-fire self-loading rifle magazine with a capacity of more than 5 rounds,
(c) a centre-fire rifle magazine (other than a self-loading rifle magazine) with a capacity of more than 10 rounds,
(d) a shotgun magazine with a capacity of more than 5 rounds,
(e) a tubular magazine extension that is capable of extending the capacity of any firearm,
(f) a pistol magazine with a capacity of more than 10 rounds,
(g) any magazine designed to be attached to any machine gun, sub-machine gun or other firearm that is capable of propelling projectiles in rapid succession following one pressure of the trigger.
(5)
Any article or device, such as a device known as a brass catcher, that is designed to be attached to a firearm for the purposes of catching ejected cartridge cases when the firearm is being fired.
(6)
Any portable tyre deflation device, or any other similar portable device, that is designed to puncture, or that has been adapted for the purposes of puncturing, the tyres of a motor vehicle when driven over the device.
(7)
Any article or device, such as a device known as a caltrop, that is made up of two or more sharp nails or spines arranged in such a manner that one of them always points upward however the article or device is placed and that is capable of puncturing the feet, paws or hooves of animals when they pass over the article or device.
(8)
A laser pointer, or any other similar article, that consists of a hand-held battery-operated device with a power output of more than 1 milliwatt, designed or adapted to emit a laser beam and that may be used for the purposes of aiming, targeting or pointing.
(9)
Any device (regardless of its composition) that is designed to propel or launch a bomb, grenade, rocket or missile by any means other than by means of an explosive, including a device known as a PVC cannon.
Under the Summary Offences Act it is an offence to have custody of a knife of offensive implement without reasonable excuse in a pubic place. Reasonable excuse is considered in relation to such things as for work. As such a small pen knife for opening boxes if you need one may not be permitted in a public place if it is not where you perform your work.
Using or carrying a knife in a public place or even an offensive implement in such a way as to cause a reasonable person of normal fortitude fear is an offence. just for fun there doesn't actually have to be a person of reasonable fortitude present. It's one of those interesting legal scenarios, if a person wields a knife in a public place and there is not body there to see, did they wield the knife?
It's an interesting thing to note that slingshots are plain banned unless they are a children's toy. Calling your slingshot by another name such as "flyswatter" does not alter the fact it is a slingshot which is recognised by the courts as a particular basic design including the elasticised projectile energy source. What makes a children's toy is interesting as its not clearly defined. it does need to be home made. I am doubtful that making a slingshot and plastering it with "Hello Kitty" stickers will make it a toy. (Have to admit I do like the idea of the hello kitty shanghai slingshot).
Another item of interest is the Blowgun. The simple piece of pipe you put a dart into and blow. It's not really a great zombie weapon but could be useful for small game. the possession of darts is also not allowed. The possession of a pipe itself is not banned, just one used for a blowpipe or blowgun. hats going to give it way is having darts with the pipe. Having paper, nails and sticky tape close by could be a give away you are about to make darts (that's the simple technique I remember from my childhood). Thus if you have a pipe in your Bug out Bag and simple tools that could if you were desperate, turn into darts, well that might be ok but not recommended. This argument isn't tested and is therefore unreliable.
Victoria
In the great state of Victoria things are pretty tight in regards to items that might when used be able to hurt, damage or essentially be mildly scary to someone. They classify these into four groups being Firearms, controlled weapons, Prohibited Weapons and our favourite weapon Body Armour.
Firearms are a class of weapons with very strict requirements in relation to ownership, registration, storage and use. Essentially you are in trouble if you possess a firearm without the proper licence and all the bits that go with it.
Controlled Weapons
Controlled weapons are a short list of items that goes a long way and includes the following;
- Baton or Cudgel A short, stout stick made of any material and designed as a weapon, including the weapon commonly known as a ‘police
nightstick’. - Bayonet A thrusting, striking or cutting weapon designed to be attached to a firearm within the meaning of the Firearms Act 1996.
- Cattle Prod
- Knife (other than a prohibited weapon)
- Spear-gun
Of this list the knife is of the most interest. The description is really helpful, “A Knife that isn’t a prohibited weapon".
You don’t need a permit or licence to have controlled weapons but you will need to obey the law that states you must have a lawful excuse. Lawful excuse includes the pursuit of lawful employment, duty or activity, participation in any lawful sport, recreation or entertainment and legitimate collection, display and exhibition of weapons. Considering that there are bugger all on the list lawful display is unlikely as it would be pretty small exhibition.
If you have a baseball bat you better be playing the game or on your way to and from playing the game or you're in trouble.
Prohibited Weapons
Prohibited weapons are weapons that are prohibited to persons for general possession and use without Approval. It’s also illegal to make, carry, sell or import prohibited weapons.
- Acoustic anti-personnel device
- Article concealing a weapon
- Ballistic knife
- ‘Baton-chucks’ and ‘Bo-chucks’ or similar
- Blow gun
- Blow gun dart or similar device
- Butterfly knife
- Butterfly sword
- Canisters discharging capsicum spray
- Canisters discharging other harmful sprays
- Catapult (sling shots are different)
- Cat o'nine tails with knotted lashes
- ‘Chinese whip’, ‘whip spear’, ‘seven-piece iron chain’,
- ‘nine-piece iron chain’, ‘Bian Tzu Chiang’ and ‘Lien Tzu Chiang’ or similar
- Crossbow
- Dagger
- Dart projector
- Double-end knife
- Electric current emitting device
- Extendable baton
- Flail (or similar article)
- Flick knife
- Hunting sling or slingshot
- Imitation firearm (longarm or handgun)
- Kama or similar
- ‘Kasari-Fundo’, ‘Kusari-Fundo’ and 'Manrikigusari’ or similar
- Knuckle-duster
- Knuckle knife
- Kubotan
- Laser pointer
- Mace or similar
- ‘Ninja climbing claws’, ‘ninja hand claws’ and ‘ninja foot claws’ or similar
- Non-metal/ceramic knife
- ‘Nunchaku’ or similar
- Push knife or similar
- Retractable sheath knife
- Sai or jitte
- Shark Dart (or any other similar device)
- Slingshot
- ‘Shoge’, ‘ninja Kyokeysu-Shoge’ and ‘Kyotetsu Shoge’ or similar
- Studded glove
- 'Suan Ywe Gou’ or similar
- Sword
- Throwing blade
- ‘Throwing star’
- ‘Tonfa’
- Trench knife or similar
- Weighted glove
- Whip with metal lashes
Let’s pop back to the matter of knives as a controlled weapon. A Prohibited knife can be a specific type of knife such as the Butterfly (balisong) knife. Where it is a standard knife then we need to consider what constitutes a dagger because they are prohibited
Dagger
A sharp pointed stabbing instrument (other than an oyster knife), ordinarily capable of being concealed on the person and having:
(a) a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or
(b) a needle-like blade, the cross section of which is elliptical or has three or more sides. This does not include instruments such as swords or bayonets.
Also on the list are knives of any shape or description that are not made of metal. I have no idea how they are dealing with the rather excellent ceramic chef’s knives available on the market but technically they are out.
Add to the list throwing knives and throwing axes which are out. This means that so far we aren't having much fun in Victoria.
Body armour, batons and handcuffs
Yep you can’t have any of these without being licenced in some manner. Security guards and bodyguards can get licences but most everyone else is out.
It gets worse.
If you though things sucked in Victoria in regards to restrictions for the possession of weapons well its gets more restrictive with a restriction on dangerous articles. Basically ANY item that is carried with intention to be used as a weapon or adapted or modified so as to be capable of being used as a weapon
The restriction is in regards to carrying these in a public place. So your tool box at home is ok. the one in the car is ok but you need to keep it closed and only have tools out while you are actually using them.
These are ordinary articles such as screwdrivers, machetes, wrenches and hammers. Add to this they are likely going to lose it if you have a nail gun (probably prohibited somewhere without a licence) and don’t dream of having a modified baseball bat in the car.
Again we are hit with the same lawful excuse exception such as for work and sport. A new proviso is in regards to the item being used for its designed purpose.
Coming back to knives the issue isn’t what you are allowed to have in the way of a knife but more why you have it and is having it a lawful excuse in public. Technically a Swiss Army type knife could run afoul of these rules. It might be a damn handy item to have but whether “damn handy item to have” is going to get past the legitimate reasons test is another matter.
Out camping and hiking your little knife could be argued is part of a recreational activity. Walking to work, it likely not arguable.
So Victoria is making everyone refrain from carrying what many people consider is a simple tool for day to day living. In fact they are even stopping us carrying what they government itself calls a tool such as a screwdriver without having a damn good reason.
Feel like a little insult to injury? Why not enjoy the fact that the police in Victoria have extensive powers to search a person to see if they have one of these nasty evil prohibited weapons.
So in comparison to the other states so far Victoria mainly allows nothing.