Are Gel Blasters Legal in Australia?

2021-06-03

Gel blasters, also known as gel ball blasters or hydro blasters, have exploded in popularity across Australia in recent years. However, the legality of owning and using these recreational toy guns varies significantly depending on which state or territory you live in. This comprehensive guide examines the gel blaster laws in each region of Australia, so you can enjoy the sport safely and legally.

Overview of Gel Blaster Legality in Australia

On a national level, gel blasters are not considered firearms under federal law according to Notice No. 2017/43 from the Department of Home Affairs. However, each state and territory government regulates gel blasters differently under their own firearms acts and weapons regulations. Broadly speaking:

• Gel blasters are legal in QLD and SA, but require a license
• They are illegal without a license in NSW, VIC, TAS
• Legality is unclear or under review in NT, WA, ACT

The requirements also vary regarding secure storage and transportation, as well as differences between private use compared to retail sales. Read on for a detailed breakdown of the gel blaster laws in each region of Australia.

Gel Blaster Laws in Queensland (QLD)

Queensland is widely considered to have the most lenient laws regarding gel blasters in Australia. Following a pivotal court ruling, gel blasters are legal to possess and use in QLD for people aged 18+ without requiring any kind of firearms license.

However, there are still important rules around using gel blasters in public spaces:

• Must be transported discreetly (e.g. in a sealed bag)
• Cannot be used openly in public areas
• Must be securely stored (locked cabinet) when not in use

The onus is on owners to use their gel blaster responsibly. Police can still charge improper use under public nuisance laws.

Are Gel Blasters Legal in New South Wales?

New South Wales has a strict regulatory approach to gel blasters. Under the Firearms Act 1996, gel blasters are classified as:

• Air guns - due to propelling projectiles via compressed air
• Imitation firearms - for their realistic appearance

As such, it is illegal to possess or use a gel blaster in NSW without the appropriate license or permit. The maximum penalties for illegal possession are:

• 5 years imprisonment - for gel blaster possession
• 14 years imprisonment - if the imitation firearm resembles a pistol

Licenses to legally own gel blasters in NSW are available, but require a 'genuine reason' such as recreational hunting, target shooting, or collectors.

Gel Blaster Regulations in Victoria (VIC)

Gel blasters are prohibited by law in Victoria for those without a license. The Firearms Act 1996 classifies gel blasters as:

• Replica firearms - due to their identical appearance to real firearms
• Prohibited weapons - under Schedule 3 of firearm prohibition

For this reason, it is illegal to possess, carry or use a gel blaster in Victoria without holding a valid firearms license with the correct category. The penalties for unlicensed possession of a gel blaster in VIC are severe:

• 2 years imprisonment - summary conviction
• 10 years imprisonment - indictable conviction

Legality of Gel Blasters in Tasmania

Tasmania takes a similar view to NSW and Victoria when it comes to gel blaster regulation. Under the Firearms Act 1996, a gel blaster is considered to be:

• An air gun
• An imitation firearm

Much like Victoria, gel blasters also fall under "prohibited firearms" in Tasmania. Therefore, it is illegal to possess or use a gel blaster in Tasmania without an appropriate license or permit.

Are Gel Blasters Legal in South Australia?

Unlike QLD, gel blasters are classified as firearms in South Australia under the Firearms Act 2015. To legally own or operate a gel blaster in SA, you must hold a Category A firearms license endorsed for 'paintball'.

The main rules around gel blasters in South Australia include:

• Gel blaster owners must be aged 18+
• License holders must be an active member of an approved paintball club
• Breaching conditions may result in fines exceeding $20,000 or imprisonment

While strict, this licensing system helps regulate the sale and use of gel blasters in SA.

Gel Blaster Laws in the Northern Territory

Contrary to some misconceptions, gel blasters are not classified merely as 'toys' in NT. Under the Firearms Act NT, possession of gel blasters-also known as gel ball firearms, hydro blasters, or airsoft guns-is illegal if they closely resemble real firearms in appearance. Such items can be categorized as prohibited weapons under the Weapons Act NT.

To stay on the right side of the law, gel blaster owners in NT should:

• Refrain from possessing or using gel blasters that replicate real firearms.
• Be aware that even non-firing imitation firearms are prohibited.
• Contact the local police for guidance on the legality of specific gel blasters.
• Adhere strictly to all gun safety protocols, including safe usage and secure storage, although the ownership itself may be subject to legal restrictions.

Are Gel Blasters Legal in Western Australia?

Using gel blaster toys in Western Australia is illegal starting from July 3, 2021. They are classified as prohibited weapons and possessing one can result in a fine of up to $36,000 or three years in jail. There will be an amnesty period until July 3, when owners can surrender their gel blasters to the police without penalty. The decision to ban these items has been met with criticism from gel blaster enthusiasts but was implemented due to concerns about their resemblance to real firearms and the risks this poses to both the public and law enforcement officers.

Gel Blaster Legality in the ACT

In the Australian Capital Territory (ACT), gel blasters are deemed illegal without appropriate licensing. Recognized as resembling military-style firearms and functioning mechanically like air guns, gel blasters fall under the category of prohibited firearms. The use and possession of gel blasters have seen an upsurge, including their misuse of personal protection and other intimidating behaviors. While brightly colored gel blasters may not be classified as imitation firearms, the laws in the ACT regarding these items are strict.

Summary of Gel Blaster Laws in Australia

In summary, gel blaster legality ultimately depends on the state or territory:

• Legal: QLD, SA (with license)
• Illegal: NSW, VIC, TAS (without a license), WA, ACT
• Unclear: NT

Owners must familiarize themselves with the local laws and use gel blasters responsibly. Transporting or using gel blasters in public without adhering to state laws can attract serious penalties. While classification systems vary, gel blasters are broadly legal in Australia if designed clearly as toys rather than firearm imitations. As with any hobby, staying safe, considerate and law-abiding is critical for the ongoing enjoyment of gel blasting across Australia.