Proposed Replica Legislation What are the real changes?
In the past few days some adjustments to the current Weapons Categories Regulation 1997 have been discussed. But what change and how it affects to the gel blaster community in Queensland?
Let's understand first, toy vs replica firearm?
- A thing can be a toy or a paperweight, a bottle opener or a cigarette lighter and ALSO be a replica firearm.
- Gel Blasters have not been officially classified as a ‘toy’ by QPS or under any legislation.
- ‘Toy’ is not a classification under the Weapons Act 1990
- A reasonable facsimile or copy of a weapon, even if it is • not capable of discharging a projectile or substance
- A reasonable facsimile or copy of a spear gun, longbow or • crossbow even if it is not capable of discharging a • projectile.
So what a Gel Baster is? It's both (we can all agree that is a toy), but at the eyes of the law is a replica firearm.
The main change is that all replica firearms will become Restricted Items. Which means that you don't need a licence, the only thing you need is a reasonable excuse to posses a restricted item. Restricted items are the mildest form of regulation permitted under the Weapons Act. Restricted items are not firearms and are not a category of weapons.
What would be a Reasonable Excuse?
A member of a Gel Ball Club for the purpose of taking part in Gel Ball sports or a collector of firearms are two examples however it is impossible to identify all possible reasonable excuses. In case of an incident the would apply what is commonly called the Reasonable Person Test. In other words: Would an average person, given the ethical and moral standards and expectations of the community, believe that the excuse was reasonable?
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