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