HomeFirearms & weapons › Prohibited weapons

Having a banned weapon

Some weapons are banned outright — and just having one is a crime, even if you never use it or carry it out of the house. Things like flick knives, knuckle dusters, tasers, batons and throwing stars are on the "prohibited weapons" list, and so are some replicas. Each state keeps its own list, and an item you bought legally can later become banned. Unless you have a permit or a genuine lawful reason, simply having one can lead to charges.

The whole idea in one picture

It's the item that's illegal

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.

1 · Banned items dusters · stars · tasers 2 · No permit and not exempt 3 · How it's found a search · or the border 4 · Penalties fines to years in jail

What counts as a prohibited weapon?

Each state keeps its own banned list, but they commonly cover items that have no everyday lawful use:

Common examples

  • Flick, butterfly or trench knives
  • Tasers and electroshock weapons
  • Extendable batons and handcuffs (without authority)
  • Crossbows and slingshots (in some states)
  • High-powered laser pointers
  • Replica or imitation firearms
  • Nunchakus and throwing stars (shurikens)

Easy to get caught out

  • Each state has its own list
  • Replicas and imitations can still count
  • Something legal to buy can later be banned by regulation
Key point: you don't have to carry or use it. Just having a prohibited weapon at home, with no permit or exemption, can be the offence on its own.

How a charge usually starts

A prohibited weapon is usually discovered, then seized — and a summons or arrest follows. It commonly comes to light through:

Where it's found

  • A traffic stop or personal search
  • A search warrant
  • In a home, business, bag or vehicle

Buying or importing online

  • Online purchases that flag a banned item
  • Import alerts from Border Force
  • Parcels stopped and inspected

What happens at court

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:

  1. The item meets the legal definition of a prohibited weapon.
  2. You possessed it — physically, or by controlling the place it was found.
  3. You had no permit, exemption or lawful reason.

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

Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 14 years in jail for serious cases

That's for indictable offences. Many cases are summary — up to 2 years and a $5,500 fine.

Read this as a ceiling, not a forecast. The top figure is for the most serious end. Possessing a banned item with no threat or other offences is usually dealt with far more lightly, often as a summary matter.
Buying or importing it

Which court

Common defences

Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:

It's not prohibited

The item doesn't actually meet the legal definition.

You were allowed

You had a valid permit or were authorised by law.

It was momentary

You picked it up briefly — for example, to hand it in.

It wasn't yours

It was planted, or wasn't under your control.

Charged over a banned weapon? Talk to a lawyer.

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 is general information, not legal advice

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.

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.