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Thread: Gun-Formers (imitation weapons) laws and requirements for Australia

  1. #51
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    Read it carefully, man. It says:
    "​A replica weapon is a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance..."
    So a replica weapon is one that is a reasonable facsimile or copy of a weapon, regardless of its ability to discharge projectiles or not. Remember that all G1 Megatron reissues (and eHobby Megaplex) are capable of shooting projectiles in gun mode, and they are absolutely classified as replica firearms.

  2. #52
    drifand is offline Rank 6 - Dedicated Member
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    Quote Originally Posted by GoktimusPrime View Post
    Read it carefully, man. It says:
    "​A replica weapon is a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance..."
    So a replica weapon is one that is a reasonable facsimile or copy of a weapon, regardless of its ability to discharge projectiles or not. Remember that all G1 Megatron reissues (and eHobby Megaplex) are capable of shooting projectiles in gun mode, and they are absolutely classified as replica firearms.
    you make Megatron sound very dangerous.

  3. #53
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    Quote Originally Posted by griffin View Post
    After spending about half an hour figuring out how to transformer my MP Megatrons (with extra care not to break them), I have now replaced the temporary "borrowed" photo of their Gun Modes in the first post.
    Both photos are now ours for future reference, and can be used with permission.

    I also got an email today from Customs, which pretty much says what I already had... so just SA and ACT left to reply.
    Thanks for this thread and all the info Griffin. I have a question (for anyone) how the hell do chain stores get to sell Nerf (and other toy) guns without any issues? Do they have to get individuals permits for every single toy gun they sell, and how are people who buy them allowed to drive them home in their car, or kids allowed to play with them as it doesn't follow ANY of these rules/regulations/laws.

    And how do customs know what packages contain a replica gun, is it purely based on X-rays and the shape inside the package?

    Call me confused.

    Would the regulations still apply to the importation of NERF style toys, given that they can be bought in OZ and obviously don't get destroyed based on how many of them are at chainstores nation wide.

    Are there any sub-clauses for gun-like items, like I don't know sci-fi laser guns that have no real world equivalent etc.

  4. #54
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    Nerf guns aren't imitation/replica guns. Other toy guns are required to have a bright orange cap on the end of the barrel so they can't reasonably taken to be a firearm. If a sci-fi prop laser gun has no real wold equivalent and can't reasonably be taken to be a firearm it should be okay to own or import. (Although, if you're still uncertain about a specific item you're planning to import, it's probably best to contact customs or your relevant police department.)

    the issue with replica and imitation firearms is that they can be used to exert fear. You can't really do that with a nerf gun.

    Customs (only) definition of a Prohibited "Imitation" (section 4F of Regulations 1956) -

    Quote:
    "imitation" means an article, of any material or colour:
    (a) that:
    (i) is a copy or reproduction of a firearm; or
    (ii) has the appearance of a firearm; and
    (b) that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
    (c) that could reasonably be taken to be a firearm; and
    (d) that is not a blank-fire firearm.
    As for customs, I'm pretty sure they just X-ray stuff to see what's in it and they'll open a package if they think it's suspicious.
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  5. #55
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    Quote Originally Posted by Batfan007 View Post
    Are there any sub-clauses for gun-like items, like I don't know sci-fi laser guns that have no real world equivalent etc.
    Got it in one shot there (pun intended)
    There is a clause on that however, nerf guns (and for that matter any other toy guns) cannot shoot a projectile past a certain pressure threshold otherwise it is deemed a safety hazard thus also be unable to be sold or even imported without certain import certificates.
    I found an article about this here: http://www.lifehacker.com.au/2013/09...-in-australia/
    An example of a restricted Nerf gun is the Nerf Rival blaster, it shoots ball shaped projectiles at a higher pressure then the limit allows thus is not sold in Aussie stores.

  6. #56
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    As tinyJazz said, Nerf guns are exempt because they are not imitation firearms and cannot be mistaken for real guns. In my collection I have these toys in safe storage:
    * Megatron (G1)
    * Megaplex (eHobby)
    * Megatron (MP full action figure)
    However, I have these toys on regular shelves, i.e. not in safe storage because they don't classify as imitation firearms:
    * Megatron (Smallest Transformation)
    * Megatron (Reveal the Shield Legends Class)
    * Megatron (MP accessory; the non-transformable gun)
    * Megatron (Henkei! Henkei!)
    The first three Megatrons don't fall under the classification because they're too small and there's no way that they can be mistaken for being real. Henkei! Megatron transforms into a Nerf Maverick and is thus not classified as an imitation firearm.

    Some sci-fi guns also classify as imitation firearms because they bear a close resemblance to real guns and could be easily mistaken for being the genuine article by a lay person with no gun knowledge, especially in poor lighting. Here's an example...

    The gun pictured above is the heavy blaster pistol used by Han Solo in Star Wars. The gun on the bottom is the real life Mauser C96 semi-automatic pistol, which obviously inspired the design of Han's blaster. Although the DL Heavy Blaster is a fictitious scifi gun, it does bear striking similarity to the Mauser C96 and thus could be easily mistaken for one. Consequently Han's blaster is classified as a replica firearm.

    Note that we are talking about pistols here. If you're talking about rifles, then that falls under a whole different legal category (both for owning real or replica rifles) which goes beyond the scope of Gunformers since they're all pistols.

  7. #57
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    Thanks.
    So my next question is do you think I would have any issue with buying the following items which turn into non realistic guns.

    http://sirtoys.com/toys.php?c=10&p=1..._Set_of_5.html

    Transblasters. They are nerf guns, robots, but more like real guns than your average toy gun in Kmart.

    I'm still confused on the point that certain toy guns are not realistic but in the regulations listed here it says color does not matter and does not make a toy exempt. Bit of a contradiction there.
    Any idea how to interpret that?

    I've seen / held real guns and replica guns.
    So just interested in the toy stuff, but thanks for your excellent examples.
    I'm already pretty familiar with laws for actual guns, safe storage etc.

  8. #58
    drifand is offline Rank 6 - Dedicated Member
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    I seriously doubt that would be stopped by customs. But you never know these days.

  9. #59
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    Those should all be fine as they are replica Nerf guns, colour doesn't matter so much as the shape.
    When it says colour doesn't matter in the regulations I believe it means even if a realistic looking gun is fluro pink it's still a replica gun because it's close enough, the same as Goki's Han Solo gun is "close enough" to a real model of gun so it requires a license.
    If in doubt ask a police officer, call a support hotline or send an email with a picture of the toy and ask if it's ok to own them without a license.
    A quick Google says Spearwood might be in WA, so you can find contact details to make inquiries at the bottom of this page https://www.police.wa.gov.au/About-U...vices/Firearms

  10. #60
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    I don't think you'd have a problem getting them in. They look like being on the same level as the Classics Voyager Megatron. I got my Henkei version of the mould through no problems.
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