In recent years, gel blasters have become a controversial topic across Australia. Often mistaken as toys or harmless replicas, these devices have led to real-world arrests and legal consequences for those caught unaware of the laws. While gel blasters might resemble airsoft or toy guns in appearance and function, Australian law treats them far more seriously in many jurisdictions.
Recent Incident: Newcastle Teen Charged Over Gel Blaster
In June 2024, a 19-year-old man in Newcastle was arrested and charged after being found in possession of a black gel blaster outside a local nightclub. Police responded to multiple calls reporting a man with what appeared to be a firearm near King Street Hotel at approximately 2:30 AM.
- The young man was taken to Newcastle Police Station and charged with:
- Unauthorised possession or use of a firearm,
- Failure to leave premises, and
- Armed with intent to commit an indictable offence.
He was refused bail and held in custody for a court appearance. This case, while alarming, is not unique.
Other Cases Across Australia
There have been several instances of people being charged for possessing gel blasters, even without intent to harm.
- In 2020, a man in NSW received a 14-month sentence after police found a gel blaster resembling a semi-automatic rifle during a search related to another offence.
- In 2022, another man was sentenced to six years for using a gel blaster during an armed robbery.
- In the ACT, a teenager faced criminal charges after pointing a gel blaster at a security guard.
These cases underscore the fact that authorities consider gel blasters potential firearms or imitation firearms under the law, depending on the jurisdiction.
Gel Blaster Laws by State and Territory
Australian law on gel blasters varies significantly between states. Here’s a summary of how each region treats them:
New South Wales (NSW)
- Under the Firearms Act 1996, gel blasters are classified as firearms.
- Possession without a licence or permit can result in up to 5 years imprisonment.
- Section 4 includes air guns and similar devices that propel projectiles using compressed air or gas.
- Even imitation firearms can be considered illegal depending on their design and context.
Victoria
- Gel blasters are treated as prohibited weapons.
- Possession or sale without a permit is a criminal offence.
- Individuals with prior offences may face up to 10 years imprisonment.
Queensland
- Queensland is currently the only state where gel blasters are legal without a firearms licence.
- They are considered toys under local law.
- However, public carriage without a “reasonable excuse” may result in criminal charges.
- Importing a gel blaster from a restricted state or using it in a threatening manner remains illegal.
Australian Capital Territory (ACT)
- In the ACT, gel blasters are classified as firearms.
- Possession or sale without a licence is illegal under the Firearms Act 1996.
- Penalties can reach 10 years imprisonment.
Western Australia
- WA treats gel blasters as prohibited weapons under the Weapons Act.
- Individuals found with one can face up to 3 years in prison or a $36,000 fine.
Northern Territory
- Under the Firearms Act (NT), gel blasters are regulated similarly to Category A or B firearms.
- Possession without a licence can lead to up to 2 years imprisonment, depending on classification.
- Legal Proceedings in NSW: Pleading Guilty or Not Guilty
If you’re charged in NSW with unauthorised possession of a gel blaster:
To plead not guilty, the prosecution must prove:
- That you had the gel blaster in your possession, and
- That you were not legally authorised to do so.
If they can’t prove this beyond a reasonable doubt, you are entitled to a not guilty verdict.
To plead guilty, you could face a range of penalties depending on the court and your circumstances. While the maximum penalty is 5 years imprisonment in the District Court (or 2 years in the Local Court), other sentencing options include:
- Section 10 dismissal (no conviction)
- Conditional Release Orders (with or without conviction)
- Community service
- Fines
- Intensive Correction Orders (ICO)
- Full-time imprisonment as a last resort
Courts will consider factors such as remorse, previous criminal history, and efforts at rehabilitation when deciding your penalty.
⚠️ Disclaimer
This article is for general informational purposes only and is not legal advice. We are not lawyers. If you have been charged with an offence or are unsure about the legal status of gel blasters or similar items in your state or territory, you should seek advice from a qualified legal professional or contact your local police for guidance. Always check the most recent legislation before purchasing, possessing, or transporting any replica or projectile-firing device.