So the question of wheather a gel blaster is considered a firearm under the Western Australia firearms act comes up from time to time.
One of our customers also sent an email to weapons licencing asking if gel blasters were considered a firearm.
The response from weapons licencing in WA was fairly concerning.
"Gel-ball guns cannot be possessed in WA. They are classed as firearms and there are no provisions to possess or licence on. A person found in possession could be prosecuted.
Note, interstate legislation has no impact on WA legislation"
So this is the response given by weapons licencing in WA. At first, all of you blokes over there with gel blasters would assume that weapons licencing would know if an item is prohibited or not and you would assume that they are prohibited from that response.
One thing that I have learnt from my travels so far, is that the police force are not able to interpret legislation very well. On face value, they look at the legislation and it seems that they are right, have a look below.
"firearm includes any lethal firearm and any other weapon of any description from which any shot, bullet, or other missile can be discharged or propelled or which, by any alteration in the construction or fabric thereof, can be made capable of discharging or propelling any shot, bullet or other missile, but does not include anything that is prescribed in regulations under the Weapons Act 1999 to be a prohibited weapon or a controlled weapon"
Reading the above passage you would think that the police are correct and that gel blasters are covered by this legislation. However, the police are wrong and you would be too if you thought they were right.
You see, when Tactical Edge Hobbies went to court we discovered that the Word "other" is an interesting factor when interpreting the passage above.
the words "shot, bullet or other missile" are the main factors in determining a firearm. With our case, our barrister found that there is case law surrounding the rules when it comes to determining the meaning of these words. This is passed down from the high court so applies to all legislative interpretation decisions, this is Australia wide.
The rule is that the "other Missile" that you would think the gel ball is caught with, does not capture gel balls at all. The word that comes after the two preceding words cannot vary greatly from the original words.
In other words, "other missile" cannot just mean any old thing the police want it too. it has to be closely related to Shot and Bullet which we all know gel balls are not.
This is almost identical to the customs import regulations that we were able to win the decision back in December based on this interpretation.
The other interesting point is that the word, lethal is in there as well so I would like to see a Judge make a ruling against that.
In WA gel ball guns are not firearms full stop and weapons licencing is wrong on this one.
It just goes to show that the legislation needs a review. Even the guys trying to enforce the law don't know what the law is.
Thanks for reading, I have been promising an article on Airsoft and i will try to get that organised next week. I have just been flat chat.
This is not legal advice and should not be taken as such.
29 comments
Jayce
Just a question if you have a firearms licence in Australia wa can you get a gel blaster and put it under the firearms licence if you treat the gel blaster as if it was a real firearm
David
It appears things are different now. I have been advised in writing:
The WA Police Force, in consultation with government, are currently considering Hydro Gel Blasters for inclusion in Schedule 1 of the Weapons Regulations 1999.
As yet they are not a firearm [in WA]
This does not preclude charges being preferred under alternative legislation where the possession and circumstances give rise to other criminal offences. Examples include offences where the possession and use facilitate a principle offence such as robbery or being armed to cause fear.
Sicknutz
as of 2017 gel blasters are legal from the home affairs notice
Jay
Latest position of the WA Firearms Licensing branch is that gel blasters are not currently regarded as firearms and are not illegal to possess at this time – https://imgur.com/yj6xcXS
Dan
There is still no definive answer to the main questions;
Do you ship to WA?
Have ANY shipments to WA been confiscated by customs?
If I’m going to spend $300 odd, I want to be sure I’ll receive my order, even if it ships inparts and requires assembly. So PLEASE Tac Edge staff, address these two issues for all of us in the Wait Awhile state! Peace.
Su
I live in Western Australia and have bought several online and recieved via mail.They are however illegal.Tactiys has a great range they are a lot of fun just don’t get caught!!!
Cooper Flynn
To whom ever happens to read and reply,
I’m just wondering, can I make an order to deliver to WA? I understand the laws here are ridiculous and that it might get seized though it shouldn’t etc etc, I’m just wondering if you guys can actually ship to WA?
Syed
Hey I live in western Australia port hedland I’m just wondering if it’s legal here?
Syed
Hey I live in western Australia port hedland do you know if it’s legal? Because I would love to buy some gel blasters
james
if i order a couple of these pistol gel blaster will they make it to me in adelaide sa have you heard or taken orders from sa and did the customer receive his package just dont wana waist my money
Dan
https://parliament.wa.gov.au/parliament/pquest.nsf/3b051e205914713c4825718e00186cc2/247a14a84d07cb454825845f0029bf67?OpenDocument
I think this explains it best. WAPOL who aren’t the lawmakers, but are instead the enforcers of the law state that they are not legal, but also don’t state that they are illegal. This is because there is no specific law regarding gel blasters (only firearms acts which don’t apply. – Some argue that they do, but at a balistics level they don’t) but the police don’t want to admit this to the public. Therefore they say that gelblasters are not ‘legal’. They don’t say that they are ‘illegal’ because they can’t. Definitions of ‘legal’ center mostly around whether something is permitted through allowing, agreement, or the issuing of a relevant license. A lot of things that we do on a day to day basis do not fall into the category of ‘legal’, instead, those actions take place on a general principle of agreement within society that they are acceptable and do no harm to others. Therefore it can be argued that until proven in court, gelblasters do not carry a legal or illegal status and are subject to the same status as any number of other items in society also not of a legal or illegal status. The law however, does provide for charging individuals with offences relating primarily with creating fear and disturbance within the community. The bearer of a gelblaster which resembles that of a firearm may be charged under firearms offences if it can be reasonably proven that a member of the public felt endangered by the public appearance of the said gelblaster, and contacted the police out of fear for their safety. Anyone who has completed a firearms training course knows this, as it is drummed into you that if you show your firearm in public, then you had better be prepared for a hefty fine or jail time! So keep those gel blasters covered up when in transit, and only use them at a ‘safe’ location where the risk of being reported can be managed appropriately by field managers.
A Guy With A Gun
John booty
Are gel blasters legal in nsw
Chris Harper
I live in perth WA, I can’t seem to find a straight answer. Can I buy a gell blaster from this website with no risk of seizure
Losteoperosis
I live in Perth an i had one confiscated by customs but not as a firearm but as a replica gun. but technically they are water pistols aren’t they? as the projectile is almost entirely water
Biv
Blah, Blah insulting spelling mistakes etc. As to gel blasters, if they are legal now then ask a cleanskin friend to buy four for example and see if he will gift you one. Why, so when they are made illegal there is no paper trail to you. Pick a friend with a poor memory too.
Dook69
Michael Elsmore
Hi,
Love gel blasters, (Qld)
Maybe to ensure they stay in Australia would it be an idea to raise age restrictions to higher age braket
(18 or 21 years? Like smokes and alcohole)
By sellers and distributors or when modded? (regardless 14+ on box).
Calling blasters “Gun’s” will shine a diffrent light with any law.
They are toy’s for adults rather then kid’s.
If blaster’s are not to imatate firarms then may as well ban eveything with a trigger from Australia.
As seen on news issues with nerf guns have now restricted type’s from sale.
There must be a measure to prevent the banning of gel blasters.
I hate to see it get banned more so by people who belive its just a toy even after modding.
Michael
Hi guys
I live in Perth WA i wanna abuy some guns and get em sent to my address in wa will I get in trouble Being in WA we are just planning on playing with them in the yard And at home
Charlene
very educational. I am just each student and frequently run into the reality that it really is essential to compose a work to create within a college.
The paysomeonetowritemypaper.orgservices helps me frequently.
There I will spend somebody and my function is going to be composed.
I highly recommend to anyone that will pay for his
function rather than spend some time into it.
My suggestions to you personally is to try out the paysomeonetowritemypaper service.
There it is possible to buy your document and get a full rating.
I did so it. Should you be learning in college or can be a university
student – this specific service will not likely substitute.
Liam
In September 2018 a police spokesman said they were legal
brendan
so if i buy a blaster from this site will it come to WA and if it does will i be in trouble for owning it?
Crossy
Do you guys have a case number for the case you referenced regarding the customs court case?
randomuser
Is this likely to change anytime soon? I own a couple and was told they were fully legal by the seller………..
Sam
This So unfair and the law should be changed I am quite annoyed about this we need to get this law changed they are not real proper guns that can kill people.
Michael
Here is a company that goes above and beyond wat is called for I purchased a rifle a few months ago unfortunately my kids stole part of the rifle off well joe and everyone involved looked everywhere for parts but we couldn’t find any joe knew of an older model collecting dust so they sent it my way to fix the broken one
LZ
Please caveat that this post that it does not represent legal advice.
Shannon harvey
Well put guys. Next time someone asks i will show them this? Thanks for making all this possible too! You’re all legends full stop
Mathew
The fifth word is spelt whether, because you’re not talking about the rain…