Going to Court? Book Your Free First Appointment

Unauthorised Possession or Use of a Prohibited Weapon

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:

  1. You possessed or used a prohibited weapon, and
  2. 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:

  1. Duress
  2. Necessity, and
  3. Self-defence

What Our Clients Say SEE ALL

  • ★★★★★

    The case and AVO dismissed

    I highly recommend Lawyer Lingwei Kong! Case and AVO dismissed. I originally consulted a female…

  • ★★★★★

    Extremely experienced and handle everything with great professionalism

    Lingwei Kong was extremely experienced and handle everything with great professionalism. He has been an…

  • ★★★★★

    Demonstrated a deep understanding of the law and a clear strategy for my defence

    I couldn't have asked for better legal representation than what I received from Ash today.…

  • ★★★★★

    Excellent advice from the initial consultation

    Rachel was very professional and provided me with excellent advice from the initial consultation through…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)