Are Nerf Guns and Gel Blasters Legal in NSW?
Nerf guns and gel blasters are toys and, in most cases, pose little to no danger to anyone. In most cases they are more dangerous being used as a club than as a firearm.
The danger posed by the impact force of nerf guns, gel blasters, paintball guns and air guns have been considered by experts as referred to in R v Smith [2023] NSWDC 88 at [16],
“the impact force of the nerf gun is only “one” lower than the gel blaster; the paintball gun’s impact force is 14 times higher than the gel blaster and an air gun was 665 times higher.”
Nerf guns and gel blasters propel a projectile by means of any gas, including air, or by means of a spring. For this reason, if you’re in New South Wales (“NSW”), it is a “firearm” (Firearms Act 1996). In NSW, unauthorised possession of a firearm carries a maximum penalty of 5 years imprisonment.
If your Nerf gun or gel blaster is also a pistol or is capable of firing multiple projectiles from a single press of the trigger, the maximum penalty for unauthorised possession of the Nerf gun is 14 years imprisonment.
Schedule 1 Prohibited firearms
Includes machine guns, sub machine guns, and the Nerf N-Strike Mega Mastodon.
Example of a gel blaster found to be a prohibited firearm: R v Smith [2023] NSWDC 254 [16-19].
What Penalties Can Apply if a Toy Gun Is Treated as a Firearm?
An example of a person charged and sentenced for the possession of a toy gun (a gel ball blaster) is R v Graves – NSW Caselaw. The indicative sentence for unauthorised possession of the gel ball blaster was 3 years and 6 months imprisonment. The Court acknowledged that the gel ball blaster was not capable of firing bullets.
How does a toy become a firearm? In NSW, firearms are regulated by the Firearms Act 1996 (“the Act”) and accompanying regulations. Whenever there is a question about whether or not an item is a firearm, it is sent to the NSW Police Ballistics Unit. The experts conduct an assessment of the item which may include dismantling the item to identify how it works. The factual findings of the expert are then compared to the definition of “firearm” set out in the Act and accompanying regulations. If the item falls within the definition, and is not excluded under the regulations, it is a firearm.
The current laws do not require the expert to consider the purpose for which the item was manufactured, what the item was manufactured from, or to conduct an assessment of the danger or risk posed by the use of the item in question.
Nerf Guns vs Gel Blasters: The Key Differences Under NSW Law
The decision to charge someone who was in possession of a toy gun such as a Nerf gun or gel blaster, with unauthorised possession of a firearm, resides with NSW Police.
For example, NSW Police have previously issued public notices stating that gel ball blasters are firearms but have not provided guidance on what a gel ball blaster is (at least I haven’t managed to find any). Because “gel ball blasters” are not defined in the Act, it is entirely at the discretion of NSW Police.
The same applies to other types of toy gun which are capable of falling within the definition of a “firearm” including Nerf guns.
I have found no examples of any one being successfully prosecuted for possession of a Nerf gun charged as a prohibited firearm but I am aware of people having been charged. The charges were subsequently withdrawn.
Why are firearms laws being applied to toys?
How did this happen? The firearms laws in NSW were a result of national gun control reforms introduced shortly after the Port Arthur Massacre in Tasmania, 1996 (35 dead and 23 wounded). The massacre was committed by a single gunman using semi-automatic (rapid fire) military style rifles with large capacity magazines. The reforms, including gun buyback, were intended to reduce the risk of this type of event ever happening again in Australia.
The laws introduced to prevent mass murder are now used by NSW Police to prosecute people for possession of toy guns. I wonder if Kmart and other toy stores need to be licensed as firearms dealers?
In my opinion these laws need an update and some in the judiciary agree…P Conlon SC ADCJ in R v Smith [2023] NSWDC 254 at [114],
“…, this issue of gel blasters would seem to be ripe for Parliament to be more specific in respect of the prohibition of such items. I say that because in the course of another charge which was before me last year in respect of gel blasters, I was provided information in relation to the Queensland position whereby such items are lawful, that is it is not illegal to possess them. That brings about the unfortunate situation that in one state it is not unlawful to possess gel blasters, whilst in another, the possession leads to a charge with significant maximum penalties of imprisonment.”
We’re still waiting for the NSW Parliament…(August 2025).