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Weapons offences

What are weapons offences?

Weapons offences are covered by the Control of Weapons Act. They include offences such as possession of a prohibited weapon, possession of a controlled weapon, and possession of a dangerous article.


What is a prohibited weapon?

A list of prohibited weapons is included in Schedule 3 of the Control of Weapons Regulations. Prohibited weapons include flick knives, butterfly knives, imitation firearms, swords, crossbows, knuckledusters, and laser pointers. It is illegal to possess or carry a prohibited weapon unless you have an exemption or approval under the Control of Weapons Act.


What is a controlled weapon?

A controlled weapon includes any knife that is not a prohibited weapon (such as a kitchen knife or box cutter). It is illegal to possess or carry a controlled weapon, unless it is for lawful purpose. A common lawful purpose is that you need the item for your employment, or for a hobby such as fishing.


What is a dangerous article?

A dangerous article is any article which has been adapted or modified so as to be capable of being used as a weapon, or any article which is carried with the intention of being used as a weapon. This can include items such as a baseball bat, hammer, or wrench. It is illegal to possess or carry a dangerous article unless it is for a lawful purpose.


What are the maximum penalties?

The maximum penalty for possession of a prohibited weapon is 2 years imprisonment or a fine of approximately $33,600. If the weapon is an imitation firearm, and you are a prohibited person under the Firearms Act, the maximum penalty is 10 years imprisonment or a fine of approximately $168,000.

The maximum penalty for possession of a controlled weapon is 1 year imprisonment or a fine of approximately $16,800. If a person is caught in possession of a controlled weapon and the person is near a pub, bar or other licensed premises, the maximum penalty is 2 years imprisonment or a fine of approximately $33,600.

The maximum penalty for possession of a dangerous article is 6 months imprisonment or a fine of approximately $8400. If a person is caught in possession of a dangerous article and the person is near a pub, bar or other licensed premises, the maximum penalty is 1 year imprisonment or a fine of approximately $16,800


I bought my flick knife, knuckleduster etc from a shop. I didn’t know it was prohibited.

Is this a defence?

No. Even if you did not know that the weapon was prohibited, it is still an offence to possess or carry it unless you have an exemption or approval. Contact our experienced criminal lawyers today for advice on your legal options.

Call Goodman Group Lawyers on 03 9781 7500 or click here. Goodman Group Lawyers has four conveniently located offices in and around Melbourne, including Cranbourne, Frankston, Lilydale and Melbourne CBD

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