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Differentiating between an imitation firearm and a toy or other firearm paraphernalia

There are a wide variety of firearm-themed items available on the market aimed at children and firearm enthusiasts. Depending on the overall appearance and function of these items, some may be classified as a registrable firearm or an imitation firearm (and therefore require an authority from Victoria Police) regardless of the intent of the manufacturers.

The information contained within this page and downloadable Quick Guide to imitation, toy and other firearm paraphernalia has been published to assist you to recognise the distinguishing characteristics of an imitation firearm as opposed to a toy or other firearm paraphernalia to ensure that you comply with Victorian laws in this area.

As a general principle, items that cannot be mistaken for a working firearm by a reasonable person, nor have the function of a firearm, can be lawfully possessed by anyone and are not regulated by Victoria Police. Victoria Police classifies these as toy firearms or other firearm-themed paraphernalia as they are easily distinguishable by certain characteristics.

Items that do have the appearance of a working firearm but do not function as such are classified as imitation firearms. Whilst these items cannot cause death or injury they can nonetheless cause public alarm due to their closeness to a working firearm and therefore could be mistaken for a working firearm depending on the circumstances and level of knowledge of those in contact with it when carried or used within the community.

Because of their closeness to working firearms, an Approval of the Chief Commissioner or Governor in Council Exemption issued under the Control of Weapons Act 1990 is required to possess, carry, use or offer an imitation firearm for sale in the State of Victoria.

If, after reading the above information you require further clarification, it is recommended that you either refer to the 'What is a Firearm chart', contact your local Divisional Firearms Officer or e-mail licensingregulation@police.vic.gov.au, together with a photo of, or link to, the item(s) in question.