What Is a Prohibited Weapon?

If you have been charged with possessing a prohibited weapon, it is important to understand what the law considers to be a prohibited weapon and the penalties that can apply. 

Many people are surprised to learn that everyday items, novelty items or objects purchased online can be classified as prohibited weapons in Victoria. Owning a weapon because you did not realise it was illegal is not, by itself, a defence.

What Is a Prohibited Weapon?

A prohibited weapon is an item that is restricted or banned under the Control of Weapons Act 1990 (Vic) and the Control of Weapons Regulations 2021 (Vic).

Victoria has strict laws regulating the possession, use, sale and importation of certain weapons. While some weapons may be lawfully possessed if a person holds an exemption, approval or Chief Commissioner’s Approval, many cannot be possessed without lawful authority.

Whether an item is a prohibited weapon depends on the legislation rather than what it is commonly called.

What Are Some Examples of Prohibited Weapons?

There are many different types of prohibited weapons under Victorian law.

Some common examples include flick knives, knuckle knives, butterfly knives, extendable batons, crossbows, throwing stars, nunchakus, slingshots designed as prohibited weapons, imitation firearms in certain circumstances, pepper spray and capsicum spray, tasers and other conducted energy devices.

The legislation contains a lengthy schedule of prohibited weapons, and whether a particular item falls within that definition often depends on its design and intended purpose.

Can Everyday Items Be Considered Weapons?

Yes.

An object does not need to have been manufactured as a weapon before it becomes relevant in a criminal case. While an ordinary household item is not itself a prohibited weapon, it may still be regarded as a weapon depending on how it was possessed or intended to be used.

However, this is different from possessing a prohibited weapon. A prohibited weapon is one that has been specifically prescribed by Victorian legislation.

What If I Bought It Legally?

This is a common situation.

Some prohibited weapons are readily available overseas or can be purchased online from interstate or international retailers. The fact that an item was available for purchase does not necessarily mean it is lawful to possess in Victoria.

Before purchasing any item that could be classified as a weapon, it is important to ensure it complies with Victorian law.

What Are the Penalties?

Possessing a prohibited weapon is a criminal offence and can result in significant penalties.

The sentence imposed will depend on factors including the type of weapon, the circumstances in which it was possessed, your criminal history and whether there are any aggravating features.

Depending on the circumstances, the court may impose a fine, a Community Corrections Order or, in more serious cases, a term of imprisonment.

The court will also usually order that the weapon be forfeited.

Are There Any Defences?

Yes.

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

Some matters involve disputes about whether the item legally falls within the definition of a prohibited weapon. Others involve questions about whether the accused knowingly possessed the item or whether they held a lawful exemption or authority.

Because the definition of many prohibited weapons is highly technical, these cases often require careful analysis of the legislation and the item itself.

Why Legal Advice Is Important

Weapons offences can be more complicated than they first appear. Small differences in the design or operation of an item may determine whether it is a prohibited weapon under Victorian law.

Obtaining legal advice early allows the legislation and the prosecution evidence to be carefully reviewed before important decisions are made about your case.

Speak to Wilkinson Lawyers

If you have been charged with possessing a prohibited weapon in Victoria, Wilkinson Lawyers can provide experienced legal advice and representation. We regularly act for clients facing weapons offences throughout Victoria and can assess the prosecution evidence, advise you on any available defences and prepare your matter to achieve the best possible outcome.

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