Leslie Massey
In Western Australia, weapons are governed by the Weapons Act 1999 and the Weapons Regulations 1999. Controlled weapons are those that can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. These include approved electric shock cases, baton flails, machetes, and more. The offence of carrying or possessing a controlled weapon carries a maximum penalty of imprisonment for 2 years and a fine of $24,000. On the other hand, prohibited weapons are items deemed inappropriate for general possession and use, such as ballistic knives, blow pipes, and gel blasters. Possessing a prohibited weapon can result in up to three years in jail or a fine of up to $36,000.
| Characteristics | Values |
|---|---|
| Legislation | Weapons Act 1999 and Weapons Regulations 1999 |
| Controlled weapons list | Schedule 2 of Weapons Regulations 1999 |
| Examples | approved electric shock case, baton flail, bow, captive bolt gun, dagger, double-ended knife, fixed baton, halberd, hand or foot claws, imitation firearm, light pointer, machete, metal whip, pressure point weapon, pronged weapon, sickle or scythe weapon, spear, spear gun, studded weapon, sword, throwing blade or knife, throwing star, weighted chain or cord weapon |
| Offence | Imprisonment for up to 2 years and a fine of $24,000 |
| Lawful excuse | Carrying or possessing for self-defence, using for intended purpose |
| Prohibited weapons | Acoustic shock weapon, ballistic knife, blow pipe, butterfly knife, catapult with or without an arm brace, crossbow, disguised knife or sword, electric shock weapon, electromagnetic weapon, extendable baton, flick knife or switchblade, gas dart, gel blaster, knuckle dusters, knuckle knife, spray weapon (not capsicum spray), imitation firearms, body armour |
| Prohibited weapons offence | Imprisonment for up to 3 years, a fine of up to $36,000 |
| Prohibited weapons permit | Required for crossbows, issued by WA Police/Licensing Services or Governor's Exemption |
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Prohibited weapons
In Western Australia, prohibited weapons are governed by the Weapons Act 1999 and the Weapons Regulations 1999. It is illegal to carry, possess, purchase, sell, supply, manufacture, or bring/send prohibited weapons into the state. The penalty for doing so can be up to three years in jail or a fine of up to $36,000.
- Acoustic shock weapons
- Ballistic knives
- Blow pipes
- Butterfly knives
- Catapults with or without an arm brace
- Crossbows
- Disguised knives or swords
- Electric shock weapons
- Electromagnetic weapons
- Extendable batons
- Flick knives or switchblades
- Gas darts
- Gel blasters
- Knuckle dusters
- Knuckle knives
- Spray weapons (not capsicum spray)
Some weapons are prohibited in Western Australia but can be used in specific circumstances. For example, pepper spray can be carried for self-defence if there are reasonable grounds to do so. Body armour vests are also allowed for self-defence in Western Australia, even though they are considered prohibited weapons in other parts of Australia.
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Controlled weapons
In Western Australia, firearms and weapons are governed by separate legislation: the Weapons Act 1999 and the Weapons Regulations 1999. Controlled weapons are defined as weapons that can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. These weapons are specifically listed in Schedule 2 of the Weapons Regulations 1999.
- Approved electric shock cases
- Baton flails
- Bows
- Captive bolt guns
- Daggers
- Double-ended knives
- Fixed batons
- Halberds
- Hand or foot claws
- Imitation firearms
- Light pointers
- Machetes
- Metal whips
- Pressure point weapons
- Pronged weapons
- Scythe or sickle weapons
- Spears
- Spear guns
- Studded weapons
- Swords
- Throwing blades or knives
- Throwing stars
- Weighted chain or cord weapons
Additionally, any article made or modified to be used to injure or disable a person or as a martial arts weapon, such as the kusari-fundo, manrikigusari, surujin, sai, and naginata, is also considered a controlled weapon.
It is important to note that the possession, carrying, or use of a controlled weapon without a lawful excuse is prohibited. The offence of carrying or possessing a controlled weapon in Western Australia carries a maximum penalty of imprisonment for two years and a fine of $24,000.
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Firearms
In Western Australia, it is unlawful to carry, possess, purchase, sell, supply, manufacture, or bring/send a prohibited weapon into the state. The Weapons Act 1999 and the Weapons Regulations 1999 outline the specific definitions and categories of weapons. Prohibited weapons are listed in Schedule 1 of the Weapons Regulations 1999 and include items such as ballistic knives, crossbows, electric shock weapons, and gel blasters. The possession of a gel blaster, for example, carries a penalty of up to three years in jail or a fine of up to $36,000.
Controlled weapons, on the other hand, are listed in Schedule 2 of the Weapons Regulations 1999. These weapons can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. Examples of controlled weapons include approved electric shock cases, baton flails, machetes, and imitation firearms. The offence of carrying or possessing a controlled weapon carries a maximum penalty of two years' imprisonment and a fine of $24,000.
It is important to note that the legislation regarding weapons can change, and certain weapons may be reclassified over time. For instance, crossbows were reclassified from controlled weapons to prohibited weapons in Western Australia to reduce the risk of misuse. This highlights the dynamic nature of weapon classifications and the importance of staying informed about the latest regulations.
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Penalties for possession
In Western Australia, firearms and weapons are governed by separate legislation: the Weapons Act 1999 and the Weapons Regulations 1999. The Weapons Regulations 1999 provide the latest list of controlled weapons, which include:
- Electric shock cases
- Baton flails
- Throwing stars
- Dagger
- Spear
- Sword
- And many more
The offence of carrying or possessing a controlled weapon carries a maximum penalty of imprisonment for 2 years and a fine of $24,000. The penalty may vary depending on the specific circumstances of the offence. For example, possessing a controlled weapon in or near licensed premises carries a maximum penalty of 240 penalty units (approximately a $38,685.60 fine) or imprisonment for 2 years. Additionally, if an individual has a lawful excuse for carrying a controlled weapon, they must do so in a safe and secure manner. Failure to do so may result in a fine of 20 penalty units (approximately a $3,223.80 fine).
It is important to note that the penalties outlined above are subject to change, as the Department of Treasury and Finance reviews and updates the value of a penalty unit on July 1 of each year. As such, individuals should refer to the most recent legislation and seek legal advice when dealing with matters related to controlled weapons.
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Lawful excuses
In Western Australia, controlled weapons are defined as those that can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. These weapons are listed in Schedule 2 of the Weapons Regulations 1999 and include approved electric shock cases, baton flails, machetes, and more. Possessing a controlled weapon without a lawful excuse is an offence and can result in imprisonment and a fine.
So, what constitutes a "lawful excuse"? Well, a lawful excuse covers the reason a person might possess a controlled weapon. For example, using an article for its intended purpose is considered a lawful excuse. However, it's important to note that self-defence is not a lawful excuse for carrying a controlled weapon.
Another example of a lawful excuse is when a person possesses a controlled weapon in the performance of their functions. This means that if someone needs to use a controlled weapon as part of their job or official duties, they may have a lawful excuse to do so.
Additionally, certain exemptions may apply in specific circumstances. For instance, in the case of crossbows, individuals engaged in crossbow events or competitions, or those belonging to an Archery Australia Inc. member club, may be exempt from the prohibition.
It's important to note that the definition of a controlled weapon and the acceptable lawful excuses can vary between states in Australia. The information provided here specifically pertains to Western Australia, where weapons are governed by the Weapons Act 1999 and the Weapons Regulations 1999.
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Frequently asked questions
Controlled weapons are weapons that can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. They are specifically listed in Schedule 2 of the Weapons Regulations 1999. Examples include a bow, dagger, machete, and sword.
Prohibited weapons are items considered inappropriate for general possession and use, whereas controlled weapons can be used for legitimate purposes. Prohibited weapons are listed in Schedule 1 of the Weapons Regulations 1999 and include ballistic knives, electric shock weapons, and gel blasters.
The offence of carrying or possessing a controlled weapon carries a maximum penalty of 2 years imprisonment and a fine of $24,000.
