# Australian law: Realistic toy/replica handguns

**URL:** <https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311>\
**Category:** Factual Questions\
**Created:** [March 30, 2008, 8:06pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311 "2008-03-30T20:06:46Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [March 30, 2008, 8:06pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/1 "2008-03-30T20:06:46Z")

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Is there any reason (law) that would prevent an Australian from buying a non-firing, realistic replica of a modern or semi-modern handgun?

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**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\
**Post date:** [March 30, 2008, 9:51pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/2 "2008-03-30T21:51:45Z")

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There may be legal considerations, depending on the type of replica and whether or not it is approved. If the replica was not approved, it would require getting a licence for it. If the owner did not have a licence, there could be serious consequences.

In NSW the \*Firearms Act \* 1996 defines a ‘prohibited firearm’ to include ‘Any imitation or replica of any firearm (including any imitation or replica pistol, blank fire pistol, shortened firearm, machine gun or sub-machine gun) unless it is of a type approved by the Commissioner’. Section 7(1) then goes on to state that ‘A person must not possess or use a prohibited firearm or pistol unless the person is authorised to do so by a licence or permit’. Section 7(1) carries a maximum penalty of 14 years’ imprisonment.

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**Author:** ![GreedySmurf](https://avatars.discourse-cdn.com/v4/letter/g/a698b9/32.png) [@GreedySmurf](https://boards.straightdope.com/u/GreedySmurf)\
**Post date:** [March 31, 2008, 12:01am UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/3 "2008-03-31T00:01:16Z")

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I can’t quote specific sections of the law like Cunctator has done.

The below is general info from Australian Customs (bolding is mine)

> [@](#):
>
> Firearms, weapons and ammunition  
> You must declare all firearms, weapons and  
> ammunition. These include real and **replica  
> firearms**, BB air pistols, paintball markers,  
> blowpipes, all knives, nunchukas, slingshots,  
> pistol crossbows, electric shock devices and  
> knuckle dusters.
> 
> Items may require a permit, police  
> authorisation and safety testing before  
> importation.

And looking further there is a one page fact sheet on the importation of replica’s - the important part of it is below.

> [@](#):
>
> In order to import a replica firearm, an importer will need to obtain  
> the written authorisation of the Police Firearms/Weapons Registry  
> in the State or Territory where the importer resides, before the  
> arrival of the goods in Australia. This authorisation will be in the  
> form of a B709A.

Here is the [page](http://www.customs.gov.au/site/page.cfm?u=4372) that has all the fact sheet links on it. Replica’s is the third one down.

I suspect getting one would be fairly difficult however, as repica’s were caught up in the gun ban which resulted from the Port Arthur massacre. I can’t personally recall having seen a replica pistol in a shop since.

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**Author:** ![GuanoLad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guanolad/32/42_2.png) [@GuanoLad](https://boards.straightdope.com/u/GuanoLad)\
**Post date:** [March 31, 2008, 1:06pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/4 "2008-03-31T13:06:56Z")

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I believe that even the Airsoft guns are banned.

Sucks, because even though I’m no gun afficionado, some of the Airsoft ones that look like classic SF weapons look like fun.

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**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\
**Post date:** [March 31, 2008, 1:24pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/5 "2008-03-31T13:24:54Z")

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A guy I know used to be an actor. He borrowed a replica pistol from a movie/show that he was working on and was pulled over by the police for speeding. He had the gun in plain sight in the car and explained to the police that it was only a movie prop but was nonetheless arrested and charged. I don’t recall what the result of it all was but I was surprised by the story because replica guns had long been available in Queensland, even by mail order from magazines.

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**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\
**Post date:** [March 31, 2008, 1:27pm UTC](https://boards.straightdope.com/t/australian-law-realistic-toy-replica-handguns/443311/6 "2008-03-31T13:27:28Z")

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And in fact it appears they are still legal there:  
[Replica Pistols & Rifles - Collectors Armoury - Australia](http://www.collectorsarmoury.com.au/Collectors%20Armoury/Default.htm)
