WHAT IS A GEL BLASTER?Â
A gel blaster is a life-like toy gun that is designed to shoot a gel pellet that has been soaked in water. It is also known as a gel ball blaster, hydro blaster, gel gun or BB guns. A gel blaster could look like a firearm and it an offence to own in NSW if it is deemed to be a ‘replica firearm’.
WHAT ARE THE LAWS IN NSW?
In NSW, firearms laws are governed by the Firearms Ac 1996 (NSW).
The NSW Police have determined that a gel blaster is defined as an ‘air gun,’ classified as a prohibited firearm, and ammunition is classified as gel balls.
Unlike Queensland, the definition of a firearm extends to ‘replica firearms’. This means that a toy gun that resembles a firearm would be deemed a replica firearm and are illegal to obtain.
It is illegal therefore to possess a gel blaster or BB gun in NSW without a valid permit.
Therefore, if you hold a valid firearms licence then you can legally own a gel blaster NSW. However, it is illegal to own or possess a gel blaster gun in NSW without a valid firearms license or permit. The type of firearms licence required to own a gel blaster in NSW is a category A license.
The Firearms Act 1996, No 46Â deals with licensing requirements for all firearms.
WHAT IS THE PENALTY FOR ILLEGALLY POSSESSING A GEL BLASTER IN NSW?
It is illegal to acquire, possess or distribute a prohibited firearm without an appropriate firearms licence and/or permit to do so.
The maximum penalty for possessing prohibited firearms without a proper licence and/or permit is 5 years imprisonment.
If you point a gel blaster at another person and that person has not given you permission, you can face a sentence of up to 7 years’ gaol.
WHAT TO DO IF YOU OWN A GEL BLASTER WITHOUT A LICENCE?Â
If you currently own a Gel Blaster you can do one of two things;
1. You can apply for a firearms licence and to register the firearm
2. Surrender the gel blaster to the police or certain firearms dealers.
With laws tightening across Australia relating to ownership and use of gel blasters, it is imperative that you follow the above recommendations.
There are still some legitimate cases of ignorance around local regulations and firearm ownership.  However, police and media attention has made it difficult to avoid criminal charges for illegal gel blaster possession.
WHAT IS AN IMITATION FIREARM?
Imitation firearm is an object that substantially duplicates the appearance of a firearm but is not a firearm regardless of its colour, weight or composition or the presence or absence of any loveable parts, according to section 4D(3) Firearms Act.
An imitation firearm could include a firearm that resembles alegitimate firearm but has some subtle differences. The weight of the item can be taken into consideration as well as the parts of it.
POSSESSING AMMUNITION IN NSW
FIREARMS ACT 1996 – SECT 65 Supply, acquisition and possession of ammunition (austlii.edu.au) covers the offence of aquiring or possessing ammunition without a licence or permit. The maximum penalty for this offence in NSW is a $5,500 fine.
WHAT ARE THE POSSIBLE PENALTIES FOR POSSESSION OF A GEL BLASTER?
The penalties range on a case-by-case basis. The possible penalties include:
WHAT TO DO IF CHARGED WITH POSSESSION OF A GEL BLASTER?
Contact our Criminal Lawyers team for a free consultation to discuss your case.