Are Gel Blasters Legal?

If you are thinking about buying or owning a gel blaster, it is important to understand the law before doing so. 

Many people assume that gel blasters are toys because they fire small water-filled gel balls rather than metal projectiles. However, in Victoria, gel blasters are generally treated as firearms under the law, and possessing one without the appropriate licence and authority can result in serious criminal charges.

What Is a Gel Blaster?

A gel blaster is a device designed to fire small water-absorbent gel pellets using a spring, compressed air or an electric motor.

Many gel blasters are manufactured to closely resemble real firearms. Some are virtually indistinguishable from genuine rifles, handguns or military-style firearms unless examined closely.

It is because of this resemblance, and the way they operate, that they are heavily regulated in Victoria.

Are Gel Blasters Illegal in Victoria?

Yes.

Victoria Police regard gel blasters as imitation firearms for the purposes of the Firearms Act 1996 (Vic). This means you cannot lawfully possess a gel blaster unless you are authorised to do so under Victorian firearms legislation.

Unlike some other Australian states, Victoria has not created a separate category for gel blasters. As a result, possessing one without the necessary authority may expose a person to criminal prosecution.

What Happens If Police Find a Gel Blaster?

If police locate a gel blaster, they may seize it and investigate whether any offences have been committed.

Depending on the circumstances, a person may be charged with possessing an imitation firearm. The particular charges will depend on the type of gel blaster involved and the circumstances in which it was possessed.

Does It Matter That I Bought It Online?

No.

Many people purchase gel blasters online without realising that they may be illegal to possess in Victoria.

The fact that an item was available for sale on the internet, or that it is lawful in another Australian state, does not make it lawful to possess in Victoria.

Before purchasing any firearm or firearm-related item online, it is important to understand how Victorian law applies.

What Are the Penalties?

Firearms offences are treated seriously by Victorian courts.

The penalties depend on the nature of the charge, the type of firearm involved and the circumstances of the offending. In addition to criminal penalties, police will usually seize the gel blaster and it may ultimately be forfeited.

A conviction for a firearms offence can also affect your ability to obtain or retain a firearms licence in the future.

Can the Charges Be Defended?

Yes.

Whether a defence is available depends on the facts of the case.

Some matters involve disputes about whether the item legally falls within the definition of a firearm, whether the accused possessed it, or whether police exercised their powers lawfully.

Every case should be carefully assessed before deciding whether to plead guilty or contest the charge.

Speak to Wilkinson Lawyers

If you have been charged with a firearms offence involving a gel blaster, Wilkinson Lawyers can provide experienced legal advice and representation. We regularly act for clients facing firearms and weapons offences throughout Victoria and can assess the prosecution evidence, explain your legal options and work towards achieving the best possible outcome in your case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.