Possession of Prohibited Weapons – Offence in Australia

Possession of a prohibited weapon is a serious criminal offence under both state and territory law across Australia. These laws are designed to protect public safety by strictly controlling access to dangerous items that serve no lawful recreational or occupational purpose.

A prohibited weapon can include a wide range of items such as flick knives, knuckle dusters, tasers, slingshots, ballistic knives, batons, and certain military-style firearms. Even imitation or replica weapons can be classified as prohibited in some circumstances.

It is illegal to possess, carry, use, or import a prohibited weapon without a valid exemption, permit, or specific lawful reason. Being found in possession of such a weapon without proper authorisation can result in arrest, prosecution, and imprisonment.

What Counts as a Prohibited Weapon?

Each state and territory maintains its own list of prohibited weapons, which commonly includes:

• Flick knives, butterfly knives, or trench knives

• Taser guns and electroshock weapons

• Extendable batons and handcuffs (without authority)

• Crossbows and slingshots (in certain jurisdictions)

• Laser pointers above a certain power

• Replica or imitation firearms

• Nunchakus, throwing stars (shurikens), and similar martial arts devices

Items may also be declared prohibited by regulation, and their possession may become unlawful even if previously purchased legally.

How Charges Are Laid

Police can lay charges if a prohibited weapon is found:

• During a traffic stop or personal search

• During the execution of a search warrant

• In a home, business, bag, or vehicle

• Through online purchase or import alerts from border force

Once discovered, the weapon is typically seized and the individual may be issued with a summons or arrested on the spot, particularly if the weapon was in a public place or concealed.

Court Process

After being charged, the accused will appear in court—usually the Local or Magistrates’ Court unless the matter is escalated due to aggravating factors. The prosecution must prove:

• The item meets the definition of a prohibited weapon under the relevant law

• The accused was in possession of it (either physically or in control of the place it was found)

• No valid permit, exemption, or legal reason existed

The weapon may be examined by police or forensic officers to establish its classification.

Commonwealth (Federal Offences)

Under the Customs Act 1901 (Cth), importing a prohibited weapon without proper permits can lead to up to 10 years’ imprisonment. This includes flick knives, tasers, and military-style gear ordered online from overseas.

Aggravating Factors

Penalties are more severe where:

• The weapon was used to threaten, intimidate, or injure another person

• The weapon was concealed or carried in a public place

• The accused has prior convictions for violence or weapons offences

• The weapon was found in conjunction with drugs or firearms

• The accused is under a firearms or weapons prohibition order

Legal Defences

Possible defences to possession of a prohibited weapon may include:

• The item is not legally classified as prohibited

• The accused had a valid permit or was authorised by law

• The possession was unintentional or momentary (e.g. picking up and handing in)

• The weapon was planted or not under the accused’s control

• The accused was unaware the item was prohibited

• Self-defence, duress, or necessity (limited use)

Each defence is highly fact-dependent, and legal advice is critical to preparing an effective strategy.