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The whole idea in one picture
With these weapons, the offence is in the object itself — no use or threat required. Here's how that plays out, from the banned item to the penalties.
Each state keeps its own banned list, but they commonly cover items that have no everyday lawful use:
A prohibited weapon is usually discovered, then seized — and a summons or arrest follows. It commonly comes to light through:
These matters are usually handled in the local or magistrates' court, unless aggravating factors push them higher. To find you guilty, the prosecution has to show:
The weapon may be examined by police or forensic officers to confirm its classification.
Penalties where you are
That's for indictable offences. Many cases are summary — up to 2 years and a $5,500 fine.
Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:
The item doesn't actually meet the legal definition.
You had a valid permit or were authorised by law.
You picked it up briefly — for example, to hand it in.
It was planted, or wasn't under your control.
Whether an item is really "prohibited," and whether you had a reason, is often arguable — we can point you to criminal lawyers in your state.
Read this first
This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, which courts rarely reach for simple possession. If you've been charged, talk to a criminal lawyer before deciding anything.