Fake guns can pose a problem when they look realistic and could be mistaken for a real gun. There are various classifications of replicas, BB guns and kids’ plastic guns:
- Registrable firearm
- Replica firearm
- Imitation firearm
It doesn’t matter what the manufacturer intended for the gun: if it looks realistic or functions realistically, authorisation will be required by the Victorian government.
If a gun is obviously a toy or not a working piece by a ‘reasonable person’, and doesn’t function as a firearm, it is treated as a toy or gun-themed paraphernalia and does not require a licence.
Some devices appear to be a functional gun, even if they do not function, are classified as imitation firearms. Due to the possibility of someone thinking it was a real gun, only those with a Chief Commissioner’s Weapons Approval or Governer in Council Exemption can carry or sell imitation guns in Victoria.
Replica guns are not the same as imitation guns and are working copies of a real gun model. Replica guns must be registered to the owner and hold a firearms licence.
Victoria Police have published a PDF gun quick guide that helps you figure out what classification your gun fits into. If you still aren’t sure, we recommend you seek legal advice.
For more information on firearm classifications, please see the Victorian Police Firearm Classifications information.
Airsoft and BB guns in Australia and the law
Airsoft rifles are in essence an air rifle. They look like they belong in the military and the models tend to look like well-known guns like the AK47 or M16. They are spring-powered, gas-powered or electric-powered and launch pellets. BB guns are another category of their own and are not permitted to be imported into Australia.
Airsoft BB guns
BB guns have been around in the United States for the past few decades, built for fun, like military-style games. BB guns are most likely to be replicas of real pistols, rifles and hand-held machine guns. New manufacturing has made BB guns very realistic.
Permits are not allowed for BB guns in Australia, because no genuine reason exists to own one. There is no approved range in Victoria to use these guns. They look realistic, which poses another issue for owners since it’s possible for someone to mistake it for a real gun. It is illegal to import BB guns or their parts.
Spring-powered airsoft guns
Energy is stored in a spring that is then released to launch a pellet down the barrel. The gun must be cocked after each shot, in the style of a broken-barrel shotgun or a pull-back bolt action rifle or pistol. They are capable of semi-automatic firing.
Gas-powered airsoft guns
A gas-powered gun uses pressurised gas, such as propane, CO2 or nitrogen, to propel a pellet out of the barrel, being semi or fully automatic. Gas can create a blow-back feature to simulate a real firearm’s action. A magazine is used for ammunition.
Electric-powered airsoft guns
Rechargeable batteries are used to drive an electric motor that cycles the piston or spring to launch pellets down the barrel. Semi and fully automatic functions mean these guns are also known as automatic electric guns. It’s possible to achieve a muzzle velocity of 200-300 feet per second with firing rates of 300-700 rounds per minute.
What to do if you have a fake gun or want one
If you have gotten hold of a fake gun, you need to figure out if it should be registered or not. If you are facing charges over a replica or imitation gun, seek legal advice now.
Contact us for a quick, free chat to see if we can help you.