Gel blasters are illegal across Australia in ALL States and Territories except for Queensland which is the ONLY place in Australia that allows people to have a gel blaster without a permit or licence because it is not classified as a firearm or weapon although it is still illegal to carry one in public sight. If transporting the gel blaster in public always use a container or bag to hide it from the public eye, so not to cause panic or alarm.

In South Australia it is legal but requires a permit!

This article outlines the legal requirements and conditions you must comply with to get a gel blaster in each state and territory of Australia, including penalties and/or jail time for failing to comply.

Queensland (QLD) – Legal (No permit required but a valid reason ie. sports)

Gel blasters in QLD are legal. This includes Brisbane, Toowoomba, Townsville, and Cairns. Unlike NSW, it is not illegal to possess or use a gel blaster in Queensland because a ‘gel blaster’ is not considered a firearm or weapon under the QLD firearm laws.

That said, while you don’t need to have a firearms licence to have and use a gel blaster in QLD, it is illegal to carry one in public sight. If carrying one you are required to have a reasonable excuse to have it, which can include recreational purposes i.e. club member or collector of replica guns.

Otherwise, to lawfully possess or use a firearm in Queensland you must hold a valid licence. Illegally having a firearm in QLD attract heavy penalties ranging from 2 years to 13 years jail dependant on the number of firearms, according to section 50 Weapons Act 1990 (QLD).

See the Queensland Police Service – Stop and Think Link.

South Australia (SA) – Gel Blasters are legal in South Australia. Requires a licence to possess one.

South Australia gel blaster laws prohibit anyone from having or using a gel blaster unless you hold a valid South Australian firearms licence with a registered gel blaster under a specific firearm licence category. The licence categories range from “A” through to “H” and in order to fall under a specific category, you must establish a genuine reason for requiring the gel blaster.

Genuine reasons may include recreational, shooting, collector etc. A licence category “A” includes gel blasters and paintball guns. Having or using a gel blaster illegally in South Australia can attract a penalty of up to 4 years jail and/or $20,000 fine for category “A” licences, according to the South Australian Firearms Act 2015 (SA).

However, if the unauthorised possession or use of a gel blaster is heard and disposed of summarily in court, the maximum penalty is 2 years jail and/or up to $10,000 fine.

For additional information on the current status of gel blasters in SA, please click here. 

Here is a tutorial by a South Australian Gel Blaster Player on how to legally own a gel blaster.

Northern Territory (NT) – Banned / Illegal

Like NSW, gel blasters which resemble military-style firearms are entirely prohibited. This means it would be an offence to own, use, and purchase these type of gel blasters in the NT.

Though there is no specific ruling pertaining to the classification of gel blasters in the Northern Territory, if they are used in a manner to cause fear or harm regardless of style and colour, then the toy will be treated as an offensive/prohibited weapon.

Under Category C (schedule 4) “Paint Ball” is listed but not Gel Blasters.

For additional information and clarification, please check with your local authorities and click here.

Western Australia (WA) – Banned / Illegal

A gel blaster in Western Australia is not considered a ‘firearm’ under WA firearms laws. However, a gel blaster in WA is now deemed a “prohibited weapon” within schedule 1 Weapons Regulations 1999 (WA). This means, possession of a gel blaster in WA is illegal and carries penalties of up to 3 years imprisonment and/or $36,000 fine.

With that said, you are only permitted to possess or use a gel blaster in WA if you fall within the exceptions in section 10 Weapons Act 1999 (WA), including, member of the police force, security officer, for display in a museum, collector of weapons, being lawfully entitled to sell a weapon, exemption for dramatic production.

Otherwise, to possess, use or deal with firearms in WA, you must have a valid firearms licence. It is illegal to have or use a firearm in WA without holding a valid licence or permit.

The WA police force are authorised to receive firearms licence application and issue firearms licences if certain conditions are satisfied. Penalties for illegally having or using a firearm in WA attract up to 3 years jail and/or up to $12,000 fine, prescribed by section 19 Firearms Act 1973 (WA).

Australian Capital Territory (ACT) – Banned / Illegal

State police have claimed that gel blasters are classed as an illegal firearm in the ACT. Residents of the state are therefore unable to legally own, use, and purchase gels blasters. There may be severe penalties for those found to be in possession of these toys or “replica/imitation firearms”.  

For further clarification and information, we would recommend enquiring through your local authorities. To browse through online resources available, please see here.

Victory (VIC) – Banned / Illegal

A gel blaster is considered a ‘firearm’ in Victoria, and as such, it is illegal to possess or use a gel blaster unless you hold a valid firearms licence. Having or using a firearm without a firearms licence in Victoria attracts penalties of up to two-years jail in the Local Magistrates Court for summary firearm offences.

Heavier penalties apply for more serious firearms offences that are dealt with in higher courts. Victoria firearms laws define a firearm as a device that’s made to discharge shot or a bullet or other missile by the expansion of gases produced in it by the ignition of strongly combustible materials.

Or by compressed air or other gases, whether that’s stored within the device in pressurised containers or within the device by mechanical means, according to section 3 Firearms Act 1996 (Vic). The same firearms laws apply for gel blasters in Melbourne.

New South Whales (NSW) – Banned / Illegal

New South Wales laws recognise gel blasters as a “firearm” and are illegal to possess or use unless you have a valid licence or permit to authorise you to have it.

As explained earlier, there are conditions and requirements that must first be satisfied before a licence or permit can be issued by the NSW Commissioner of Police. Illegally having a gel blaster can result in being charged by police, appearing in court and facing penalties of up to 5 years jail and/or $5,500 fine.

If you want to possess or use imitation firearms (gel blaster in this case) in NSW, you must apply for and be issued with a permit from Police.

A letter from the NSW Police Force

Here is a link to the current firearms legislation of NSW

Tasmania (TAS) – Banned IF they look like a firearm! Legal if they DO NOT look like a firearm!

Are gel blasters legal in Tasmania?
Tasmania Police Assistant Commissioner Adrian Bodnar said any imitation firearm that could reasonably be mistaken for a real firearm was prohibited under the Firearms Act 1996. “This means any gel blaster that looks like a firearm is illegal to possess,” Assistant Commissioner Bodnar said.

Source: https://www.police.tas.gov.au/news/gel-blasters-in-our-community/

In short, 99% of gel blasters look like real “fire arms”. People in Tasmania tend to “transplant” the internals of gel blasters into nerf blasters.

Also see our blog: Gel Blaster Legality In Australia

Note: All this information was sourced from different locations on the internet. This information is subject to change at anytime and may not be 100% accurate!