In first for Victoria a magistrate has ruled gel blaster guns are not illegal firearms and more like toys
A man was charged with trafficking firearms after he was caught with two gel blaster guns. His defence lawyer said they were not weapons but toys. A Dandenong magistrate has made a landmark ruling that could have repercussions.
South East
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In a landmark Victorian case a Dandenong magistrate has ruled gel blaster guns are not illegal firearms and are in fact toys.
In a first for this state on Tuesday magistrate Tony Burns threw out four charges against a man accused of trafficking and possessing two gel pellet guns.
The water-based weapons have been classed as illegal in most states and territories, including Victoria, because police believed they could “project a missile”.
Gel blasters are realistic-looking guns which shoot water-absorbing gel balls and cannot be owned in this state without a firearms licence, but are legal in Queensland and South Australia.
Victorian law had dictated that the battery-powered guns, which fire gels that disintegrate on impact, were prohibited weapons.
But Mr Burns’ decision potentially paves the way for people who have been charged with possessing gel blaster guns to demand their charges be withdrawn.
Andrew Eliassides had faced four charges after police raided his property on June 4 this year and found two gel guns.
He faced serious penalties for trafficking and possessing firearms, including potentially several years in jail.
His defence lawyer Sai Ranjit argued that the gel blaster devices were not firearms, and therefore his client simply could not be charged with the offences.
Police prosecutor Anthony Albore disputed that, saying gel guns did meet the criteria of a firearm because they could discharge a missile.
But Mr Burns has ruled they are not firearms and are more akin to a toy.
“I find as a matter of fact and law that a gel blaster, given it discharges soft polymer hydrolysed gel balls generally incapable of causing significant harm, do not impact upon public safety and peace any more that any imitation firearm or toy dart gun could,” Mr Burns said.
“The projectile is non-lethal and generally unlikely to cause injury, even when fired at a person at close range.
“The gel breaks up on impact and can be squashed easily between a person’s fingers.
“Gel bullets are not missiles and while I cannot find they are wholly incapable of causing some injury, the same can be said of any projectile toy.”
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