Prohibited Weapons

Author: Jon Ross

Practice area: firearms offences

Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.

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Jon authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Prohibited Weapons?

The offence of Prohibited Weapons in Victoria applies where a person has an item classified as a prohibited weapon, such as an imitation firearm or a weapon prescribed by regulation, without lawful authorisation. These offences are governed by the Control of Weapons Act 1990 and associated regulations.

Key points

Legislation: Section 5 of the Control of Weapons Act 1990.
Elements: Possession of a prohibited weapon without a valid exception under section 8B.
Court: Summary offence heard in the Magistrates’ Court.

The maximum penalty for Prohibited Weapons is 240 penalty units ($50,184.00 as at 2026–27) or imprisonment for 2 years.

Common defences may include lack of intent to possess the weapon, or lawful possession in the course of approved employment.

Have you been accused of this offence?

Police Interview

If you have been arrested for possessing Prohibited Weapons, or if you know that police want to interview you about the offence, it is vital that you contact us for assistance. We will arrange a conference with one of our lawyers who will provide you with clear legal advice about how to handle the interview process.

Police will only interview you for this if they suspect you have possessed Prohibited Weapons. They are trained to ask questions in a way to make you seem like you’re lying even though you are not. You will have important questions about the interview, such as:

Do I need to go to the interview?
Will I be remanded?
Should I answer the questions?

Our lawyers can answer these questions for you.

Pleading Not Guilty

If you have received a summons for an offence such as possessing Prohibited Weapons, you may also have been served with a bundle of other documents made up of witness statements, expert reports and photographs. This is called the preliminary police brief.

It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to possessing Prohibited Weapons. Your criminal lawyer will assess the evidence in the police brief, request any outstanding material, engage independent experts to analyse forensic material if necessary, and represent you in Court.

Pleading Guilty

If you are pleading guilty to possessing Prohibited Weapons, a criminal lawyer’s role is extremely important. For example, one of our criminal lawyers will step you through the Court process, advise you how to dress, how to behave in Court and will make detailed submissions to the Court explaining your personal circumstances. Our lawyers are skilled advocates who know what works to get the fairest outcome.

Which court will the case be heard in?

This is a summary offence and so will be heard by the Magistrates’ Court.

What is the legal definition of ‘Prohibited Weapon’?

Section 3 of the Act defines ‘prohibited weapon’ as ‘an imitation firearm or an article that is prescribed by the regulations to be a prohibited weapon’.

Schedule 3 of the Control of Weapons Regulations lists weapons which are prohibited.

Examples of Prohibited Weapons

Having a taser in your house
Having an imitation firearm
Having a flick knife in your bag without a lawful excuse

Legislation

The legislation for this offence can be found on section 5 of Control of Weapons Act 1990.

Elements of the offence

The Prosecution must prove that:

the accused had a prohibited weapon; and
the accused did not have an exception under section 8B of the Act.

Can the Police prove that the weapon was in your possession?

Defences

A defence to this may arise where an accused did not intend to possess the prohibited weapon. The Act also provides for a defence if an accused is an employee of a person who has the approval to possess a prohibited weapon, and was using it in the course of their employment.

Questions in cases like this

Do you have a permit for the weapon?
Do you have a lawful reason for possessing the weapon?
Were you in fact in possession of the weapon?

If you have been charged with this offence, you should call us to discuss your case and possible defences. Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with one of our experienced criminal lawyers.

Maximum penalty for section 5 of the Control of Weapons Act 1990

The maximum penalty for (s5 of the Control of Weapons Act 1990) is a fine of 240 penalty units ($50,184.00 as at 2026–27) or imprisonment for 2 years.

Other important resources

Case studies

FAQ About Prohibited Weapons

Is it illegal to keep a taser at home in Victoria?

A taser is identified as a prohibited weapon. Having a taser in your house without lawful authorisation falls within the offence framework under the Control of Weapons Act 1990 and may lead to prosecution.

Can you be charged for having an imitation firearm?

An imitation firearm is included in the definition of a prohibited weapon. Possessing one without the appropriate approval or exception under the Act can result in a criminal charge.

Is carrying a flick knife in your bag an offence?

A flick knife is given as an example of a prohibited weapon. Having a flick knife in your bag without lawful excuse may amount to an offence under Victorian weapons legislation.

What if the weapon was not actually yours?

A key issue in these matters is whether the accused was in possession of the prohibited weapon. Establishing custody or control of the item is central to determining criminal responsibility.

Are there exceptions for employees handling prohibited weapons?

An exception may apply where a person is employed by someone approved to possess a prohibited weapon and the weapon is used in the course of that employment. In those circumstances, criminal liability may not arise.

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