Unauthorised Possession or Use of a Prohibited Weapon is an offence under Section 7 of the Weapons Prohibition Act 1998 which carries a maximum penalty of 14 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed or used a prohibited weapon, and
- You did not have a permit to do so
The offence covers possession or use by a permit holder for any purpose other than the ‘genuine reason’ given to obtain the permit.
Schedule 1 of the Act contains a long list of prohibited weapons which include:
- flick knives, ballistic knives and sheath knives
- Star knives, butterfly knives, trench knives and push daggers
- Bombs, grenades, rockets, missiles and anything that propels or launches a weapon
- Anything containing or expelling an explosive, incendiary, irritant, gas or smoke
- Spear guns less than 45cm in length
- Crossbows and slingshots (other than children’s toys)
- Blow-guns, blow-pipes and darts capable of being projected from them
- Maces (other than ceremonial) and flails
- Whips comprised partly of metal and cat-o’-nine tails
- Nunchakus (other than children’s toys)
- Side-handle batons (other than children’s toys), extended and telescopic batons
- Tasers and hand-held devices that administer electric shocks
- Knuckle-dusters, sap gloves and studded gloves
- Pepper spray and other devices capable of discharging an irritant
- Body armour vests, including ‘bullet proof’ vests
- Acoustic or light-emitting devices designed to disorient or cause incapacity
Handcuffs (other than children’s toys and those that can be released by the wearer)
- Laser pointers with an output of more than 1 milliwatt
- Portable tyre deflation devices, and silencers
Defence to the charge include:
- Necessity, and
If you are charged with a weapons-related offence, or wish to seek advice about your rights and responsibilities under the law, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a conference with a lawyer who is vastly experience in advising and representing clients in weapons-related cases.
(1) A person must not possess or use a prohibited weapon unless the person is authorised to do so by a permit.
Maximum penalty: imprisonment for 14 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a permit to possess or use a prohibited weapon is guilty of an offence under this section if the person:
(a) possesses or uses the prohibited weapon for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the weapon, or
(b) contravenes any condition of the permit.
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