Gel blasters

The Queensland Police Service has responded to an increasing number of incidents within the community following reports of persons in possession of items described as firearms. On investigation the items were identified as gel blasters and on occasions the behaviour of the persons in possession of these items has constituted a variety of offences.

Gel blasters look identical to various handguns, shotguns and rifles from around the world.  The colour, size and detail of these gel blasters make it difficult for anyone to note the difference between a toy and a real firearm. 

Gel blasters are becoming an increasingly popular form of recreation in Queensland, leading to an increase in the number of stores and online retailers who specialise in these items.

See below for a video outlining changes to Queensland gel blaster laws.

Download a flyer about gel blasters and remember to STOP and think before using one. 

STOP and think flyer - Landscape 

STOP and think flyer - Portrait

S - Safety and security aspects of possessing a gel blaster

• In all instances when possessing a gel blaster in a public space the item should be carried in a way that is not visible to members of the public, so as not to cause alarm to any person.

T - The legislation relevant to gel blasters

• It is not an offence to possess a gel blaster in Queensland.
• There are no legal restrictions on the storage of gel blasters in Queensland. However, when possessing a gel blaster in a public place the item should be carried in a way that is not visible to the public, so it will not cause alarm to any person.
• There are no restrictions on the sale of gel blasters in Queensland; however, there are restrictions on the sale of gel blasters to other States and Territories and you may be prosecuted by those jurisdictions if you contravene those restrictions
• Use of gel blasters is a responsibility of the person in possession of the item.
• It is an offence to modify a gel blaster if it has the capacity to fire ammunition as defined in the Explosive Regulation 2017.
• You do not need a weapons licence to possess a gel blaster.
• You cannot use a Gel Blaster on a paint pellet shooting gallery when paint ball guns are in use.
• Each state and territory have laws relevant to gel blasters, including that they may be prohibited in that jurisdiction. Sales to jurisdictions that prohibit the possession of a gel blaster in that jurisdiction, including sale by mail order to those States and Territories, may expose Dealers to prosecution in those jurisdictions.  For any questions in relation to another authority you will need to contact the relevant authority in that state or territory directly.

O - Offences for misusing a gel blaster

Below are some examples of types of offences that may be committed by a person in possession or using a gel blaster.  This is not an exhaustive list.

• Commit public nuisance from Summary Offences Act 2005. 
• Particular conduct involving a weapon in a public place prohibited from Weapons Act 1990.
• Dangerous conduct with weapon prohibited generally from Weapons Act 1990.

Unlawfully entering onto someone else’s land to use a gel blaster

• Trespass from Summary Offences Act 2005

Discharging pointing or threatening the use of a gel blaster on another person without permission and causing them injury

• Possession of implement in relation to particular offences from Summary Offences Act 2005.
• Threatening violence - discharge firearms from Criminal Code.
• Common assault from Criminal Code.
• Assault occasioning bodily harm from Criminal Code.
• Grievous bodily harm from Criminal Code. Robbery from Criminal Code.

Shooting animals with a gel blaster

• Animal cruelty prohibited from Animal Care and Protection Act 2001.

Causing fear or alarm to any person in a public place or in view of a public place whilst using or in possession of a gel blaster

• Going armed to cause fear from the Criminal Code.

Pointing a gel blaster at another person who believes the toy is a real weapon

• Common assault from Criminal Code.

P - Penalties for misusing a gel blaster

If a person is found guilty of an offence where a gel blaster was used, they may receive a monetary penalty or term of imprisonment.

Questions about gel blasters

For information in relation to the importation process and procedures, visit Australian Border Force.

General queries

Do I need an import permit to import gel blasters?

Yes. A B709A Police Confirmation and Certification is required to import gel blasters from overseas into Queensland. Furthermore, you cannot use a B709A Police Confirmation and Certification more than once. A B709A application will be required for each time you wish to import gel blasters. B709A Police Confirmation and Certifications for gel blasters are valid for 6 months from the date of issue.

Do I need a licence to import gel blasters?

You are not required to hold a current Queensland Weapons Act 1990 Licence to possess a gel blaster.

Should you wish to import gel blasters or similar items, representatives from Australian Border Force will not release these items into Queensland without the presentation of a Police Confirmation and Certification (import permit B709), issued by Weapons Licensing. This is due to Commonwealth legislation governing imitation firearms. As such, an application for import permit will be required.

Do I need a licence to own a gel blaster?

You are not required to hold a current Queensland Weapons Act 1990 Licence to own or possess a gel blaster.

Do I need a B709 to import gel blaster parts?

No, you do not need a B709 for gel blasters parts and or accessories. However, all import decisions will be regulated by Australian Border Force.

What information is required when lodging a B709A to import gel blasters

You are required to provide a quantity of each make and model you are wishing to import (i.e. 420 x JinMing Scar V2 gel blasters).

You are not required to provide images of the gel blasters you wish to import.

Can I alter or change my gel blaster import B709A application before it is issued?

No . You must lodge a new application with the changes you wish to have.

I’ve lost my B709A, can I get another one reprinted or the expiry date extended?

B709A police confirmation and certifications cannot be extended or re-issued if lost or destroyed. You will be required to lodge a new application for a B709A.

Can I import gel blasters from overseas via another state or territory other than Queensland?

Each state and territory possesses its own policies relevant to gel blasters. For any question relevant to another authority you will need to contact them directly.

Interstate weapons registry contacts

What is the age limit for using gel blasters?

There is currently no age limit for a person, within Queensland, to possess or use a gel blaster. However, clubs, ranges, field operators and associations may have age restrictions for persons using their services.

Can I modify a gel blaster?

It is an offence to modify a gel blaster if it has the capacity to fire ammunition as defined in the Explosive Regulations 2017.

Are airsoft weapons legal to possess in Qld?

We are aware of the interest in airsoft / soft air sports in some areas of the community in Queensland.  

Airsoft guns are considered firearms in Queensland and are a prohibited item under Schedule 6 the Customs (Prohibited Imports) Regulations 1956.

Further information about customs can be obtained from the Australian Border Force. 

Is the law going to change regarding gel blasters?

There is a new safety framework for replicas, including gel blasters that closely resemble firearms.

This framework ensures that gel blaster activities can continue to be safely enjoyed in Queensland.  The framework supports gel blaster enthusiasts, supports small businesses that sell gel blaster equipment and supplies, and ensures community safety.

Weapons Licensing has been working closely with the industry, explaining the new framework and assuring participants that, with a few changes like storing their gel blaster in a sports bag with a bike lock and not carrying it openly in public, they can continue to safely enjoy this popular pastime.

Further, owners of replica firearms or gel blasters that closely resemble firearms should have a reasonable excuse for owning one. Weapons Licencing has sought legal advice regarding this and can confirm that the term “reasonable excuse” is a very broad term and it is taken to mean anything that would not be considered unreasonable. 

When implemented, it is hoped that these changes will reduce the number of incidents.

In the lead-up to these changes, the Queensland Police Service has delivered information sessions detailing the amendments as well as information on the “STOP and Think” campaign, which is aimed at gel blaster users, collectors, retailers, venue operators and the broader community.

Weapons Licensing has worked closely with other Government agencies and community stakeholders to achieve an outcome that is in everyone’s best interests.  Weapons Licensing will continue to engage with relevant stakeholders and assist them understanding the new framework.

The new framework takes effect from 1 February 2021.  This allows time for stakeholders and the community to adjust to the changes.

The legislation and regulation changes can be found via the below links:

Link to Legislation: https://www.legislation.qld.gov.au/view/html/asmade/act-2020-023

Link to Regulation: https://www.legislation.qld.gov.au/view/whole/pdf/asmade/sl-2020-0155

What does this mean?

A gel blaster that closely resembles a firearm will be considered a replica firearm. A gel blaster that does NOT closely resemble a firearm will NOT be regulated under this framework.  This new framework only applies to gel blasters that closely resemble a firearm. Replica firearms are NOT considered firearms.

 

For Replica Collectors (not gel blaster users):

Replica Category R firearms WILL be removed from Collectors firearms licences.  Deactivated / Inoperable Category R firearms will remain on Collectors firearm licences.

• Replica firearms are NOT a category of weapon.
• Replicas firearms do NOT require a licence.
• Replica firearms are NOT registered with Weapons Licensing.
• You are NOT required to be a member of a Gel Blaster Association to support a reasonable excuse when possessing a replica.
• You can import, sell and own as many replicas as you like.
• It is reasonable to possess a replica firearm until you use it in an unreasonable way.  Please review the “STOP and Think” material for more information.
• The B709A import process relating to Gel Blasters and Replica firearms will NOT be changed.

Tips when applying for a B709

Weapons Licensing have identified some issues with applications which cause delays with them progressed.  By following the recommendations your application will be progressed without any delays. Apply online and save time. Do NOT submit a B709 for Gel Blaster parts or accessories. If you do NOT provide the Quantity, Make, Model and specify the items are Gel Blasters for those people wanting to import Gel Blasters, then your entire B709 application will be rejected and you will have to lodge another one.

            Example: 100 x Make - Kublai Model - K2 MK18 - Gel Blasters

Do NOT abbreviate the Makes and Models on your B709 application, you must provide their full details. Do NOT send an Email to multiple accounts all enquiries are required to be sent to weaponslicensing@police.qld.gov.au   Do NOT apply for multiple B709 applications if it is unlikely this will be utilised for a shipment, applying “just in case” slows down the assessment of everyone’s B709 applications.  You MUST have an approved B709 prior to importing the item. Weapons Licensing will NOT consider fast tracking an application due to a shipment having arrived in Australia prior to a B709 being approved.  Fast Tracking is only approved under extraordinary circumstances. Justification needs to be made as to
why your application should be processed before others. An issued B709 cannot be amended, reissued or extended; you will be required to lodge again if mistakes have been made. If you are applying for more than five different types of Gel Blaster, it is requested you provide an attached list of all the item(s) being imported (in Microsoft Word or Excel Format),

• Type in the section list below the full details of the item(s) you wish to import on the application “See attached list of Gel Blasters” and
• Upload this list in the Supporting Documentation section, when lodging the application online.
• A highly recommended format when applying to import Gel Blasters is below:

 

Quantity	Make	Model	Item Type
100	Kublai	K2 MK18	Gel Blaster
100	SKD	Glock 18 Pistol	Gel Blaster
100	JinMing	ACR J10	Gel Blaster
100	Hanke	M97	Gel Blaster
100	ZeHua	M82A1	Gel Blaster
100	Gangjiang	M24	Gel Blaster
Total = 600

Who ultimately approves B709s?

The final determination whether to allow the importation of any item(s) rests with Australian Border Force.  Enquiries can be made via dgmfirearmsqld@abf.gov.au

A question raised during the stakeholder meetings in August 2020 was if a B709 was needed for Gel Blaster parts.  This question has been put to Weapons Licensing on multiple occasions with a consistent response provided.  The process relating to B709 for Gel Blaster parts has NOT changed, you do NOT need a B709 for Gel Blaster parts. 

 

If you have questions in relation to the above statement please contact the Australian Border Force.

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