Lyla Lindsey
Australia has strict gun laws, which have been the subject of ongoing debate and review. In recent years, there has been a decline in the number of hunters, sporting shooters, and licensed gun owners, while the total number of firearms has increased. A range of weapons are prohibited in Australia, including firearms, knives, and other dangerous articles. The specific laws regarding weapons vary across states and territories, with some weapons being banned in certain areas but not in others.
| Characteristics | Values |
|---|---|
| Knives | Concealable knives, fighting knives, flick knives, credit card knives, and butterfly knives are banned. |
| Other weapons | Nunchucks, electric batons, tasers, and ballistic vests are prohibited. |
| Firearms | Imitation firearms, replica firearms, and body armour are banned. |
| Self-defence items | Capsicum spray, pepper spray, and other similar articles are prohibited. |
| Explosives | Explosives are prohibited from being brought to police stations. |
| Firearm prohibition | Firearm prohibition orders (FPOs) give police the power to search and question individuals for firearms or ammunition without a warrant. |
| Firearm laws | The National Firearms Agreement outlines firearm laws, but no state or territory has a timeframe for achieving full compliance. |
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Handguns and pistols
In New South Wales, handguns were effectively banned after World War II. However, the 1956 Melbourne Olympic Games sparked new interest in pistol shooting, leading to legal changes allowing the sport to develop. In 2017, New South Wales had 915,000 registered firearms, while the ACT had 18,967, South Australia 298,851, and Tasmania 126,910.
In some jurisdictions, individuals may be subject to Firearm Prohibition Orders (FPOs), which give police additional powers to search and question individuals for firearms or ammunition without a warrant. FPOs have been available in New South Wales since 1973 and are also used in Victoria.
A 2017 study by Gun Control Australia claimed that Australian states had significantly weakened gun laws since the National Firearms Agreement, with no jurisdiction fully compliant. For example, the mandatory 28-day cooling-off period for gun purchases has been relaxed, and New South Wales allows the limited use of moderators with a permit, even though they are supposed to be prohibited.
While handguns and pistols are not completely banned in Australia, their possession and use are tightly controlled and regulated.
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3D-printed guns
In Australia, it is illegal to manufacture or possess a 3D-printed firearm. However, the rise of 3D-printed guns in the country has raised concerns among law enforcement agencies. Police data shows an increase in the number of 3D-printed gun seizures across Australia, with the FGC-9 semi-automatic weapon being the most popular. These guns are often made with plastic and metal parts, and can be deadly. They are also untraceable, making it difficult to determine their exact prevalence.
The dangers of 3D-printed guns lie in their accessibility and ease of manufacture. With the availability of 3D printers in schools, universities, and workplaces, there is a risk of these weapons falling into the wrong hands, including children. Additionally, digital blueprints for creating 3D-printed guns can be easily downloaded from the internet, and the guns can be made in suburban homes or garages. This has led to concerns about community safety and the potential for these guns to be used by organised crime groups, extremists, and teenagers.
To address the threat posed by 3D-printed guns, some Australian states have taken legislative action. In New South Wales and Tasmania, possessing a digital blueprint for manufacturing a firearm using a 3D printer is an offence, with penalties of up to 14 years in jail in NSW and up to 21 years in Tasmania. However, legislation across Australian jurisdictions remains inconsistent, and there have been calls for uniform regulations to effectively tackle the issue.
The Western Australian government has also proposed strict updates to its gun laws, including making the illegal manufacturing of plastic 3D firearms a serious felony punishable by up to 14 years in prison and fines of up to $75,000. Additionally, the Australian Federal Police have taken steps to raise awareness about the dangers of 3D-printed guns, demonstrating their advanced capabilities and potential deadliness.
While Australia has strict gun control laws and a national gun registry, the emergence of 3D-printed guns, or "ghost guns", poses a new challenge. The ability to manufacture these weapons at home undermines the country's efforts to restrict access to firearms. This highlights the need for ongoing vigilance and adaptation of laws to address evolving threats to community safety.
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Fighting knives
Knife laws in Australia are among the strictest in the world. The legal definition of a knife in Australia is any instrument with a cutting edge or blade designed to be used as a weapon. Fighting knives are a category of knives that are illegal to possess in Australia. These include knives designed for hand-to-hand combat, such as butterfly knives, daggers, flick knives, push knives, and trench knives.
Flick knives, also known as switchblades or switches, are designed with a blade that folds or recesses into the handle. The blade is released by applying pressure to a button or spring, and it locks into place when fully extended. These knives are marketed towards the military and emergency personnel, and those who purchase them often do so for self-defence.
Butterfly knives, also known as balisongs, are also illegal to possess in Australia. These knives have a sharp blade that folds and closes into the handle, similar to a switchblade. Possession of prohibited knives, including butterfly knives, can result in a prison sentence of up to 14 years.
It is important to note that each state and territory in Australia has its own laws governing the possession and carrying of knives. For example, in New South Wales, certain knives are classified as "controlled weapons", which means they can only be kept at home and must not be carried in public. In Victoria, a similar law prohibits knives from being carried in public, except for utility knives with a blade no longer than 10 cm.
In addition to these state-specific laws, federal laws in Australia also determine what knives can be legally brought into the country. The Prohibited Weapons Act of 1996, with amendments up to May 28, 2020, outlines the latest restrictions on knives and other weapons. While some knives may be prohibited, exemptions and special permits may be granted for specific purposes and conditions.
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Body armour
The act of controlling body armour is specifically addressed in Section 8A of the aforementioned act. To be convicted of controlling body armour, the prosecution must prove that the item in question meets the definition of body armour and that the individual did not have a valid exemption or approval to possess it.
There are certain roles that are exempt from this restriction and are permitted to possess and use body armour. These include personal security guards, police officers, members of the Australian Defence Force (ADF), and researchers or workers in fields where ballistic protection is necessary. Individuals in these professions typically require a permit to obtain body armour and are issued with the appropriate protective gear by their organisation.
For the general public, obtaining a permit for body armour is highly unlikely without a valid reason. The strict control of body armour aims to ensure public safety and prevent the misuse of protective gear that could potentially shield individuals from the effects of weapons.
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Imitation firearms
Australia has strict laws regarding the possession and use of imitation firearms. The Firearms Act 1996 defines an imitation firearm as "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". Under this Act, an imitation firearm is considered a prohibited firearm unless it is recognised as a child's toy. The determination of whether an imitation firearm is a child's toy considers the object's appearance, purpose, material, weight, and similarity to real firearms.
It is illegal to import replica or imitation firearms into Australia without permission from the relevant state or territory police. The importation of such items is controlled by the Customs (Prohibited Imports) Regulations 1956. It is also an offence under the Crimes Act to carry an imitation firearm on an aircraft or vessel, with penalties equivalent to those for carrying a real firearm.
While laws vary across states, generally, an individual must have special authorisation and the required licence to possess an imitation firearm. In Queensland, the legislation uses the term 'reasonable excuse' for ownership and use, which includes collecting, man-cave enthusiasts, and performers. However, this excuse becomes invalid if the replica is used or displayed in a manner that causes public alarm.
It is important to note that even if an imitation firearm is legally owned, it should never be used to cause public alarm, pointed at someone without their permission, or represented as a real weapon to commit a crime. The unauthorised possession of an imitation firearm is considered a serious offence, with penalties including up to 14 years of imprisonment and a standard non-parole period of 4 years.
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Frequently asked questions
Weapons that are banned in Australia include:
- Explosives
- Fighting knives (e.g. butterfly knives, daggers, flick-knives, push knives, trench knives)
- Concealable knives
- Flick knives
- Nunchucks
- Capsicum spray
- Pepper spray
- Credit card knives
- Body armour
- Imitation firearms
Controlled weapons are weapons that can be possessed, carried, and used for legitimate purposes but may pose a potential danger to the community. These are listed in the Control of Weapons Act 1990 and Control of Weapons Regulations 2021.
Prohibited weapons are items considered inappropriate for general possession and use without a Chief Commissioner's Approval or a Governor in Council Exemption Order. These are listed in the Control of Weapons Act 1990 and Control of Weapons Regulations 2021, as well as the Prohibited Weapons Act 1996.
Dangerous articles are items that pose a risk to public safety. These include any article designed or adapted to discharge an offensive, noxious, or irritant liquid, powder, gas, or chemical. Dangerous articles cannot be possessed unless allowed under another Act.
