POLL: Police replica gun fears
POLICE admit they are powerless to stop the sale of replica guns in NSW despite the fact they continue to be used in armed hold-ups. They blame a loophole in the NSW Firearms act that allows the replicas to be sold.
It is a similar scenario that allowed synthetic cannabis to be sold until recently.
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Many sellers argue that the presence of an orange plastic tip on a ‘‘toy’’ gun makes the item legal.
That may be true in the United States, but not Australia.
Hundreds of online resources explain how to remove the tips.
The Newcastle Herald has reported several cases where replica guns have been used in armed hold-ups and assaults in recent years.
They include an incident in March in which three youths used a replica handgun to rob two other youths at Tighes Hill.
This week the Herald visited a Newcastle West tobacconist which stocks a variety of replica handguns, for sale for between $40 and $160.
The store’s attendant said the replicas were selling well.
Acting Newcastle local area police commander Wayne Humphrey said it was difficult for police to take action over the sale of replica guns because of a provision in the firearms legislation relating to children’s toys.
The NSW Firearms act 1996 states an imitation firearm does not include objects produced and identified as a children’s toy.
The NSW Police firearms registry says a toy is distinguished from an imitation firearm by the packaging, targeted sale market (ie. sold in a toy store, marked ‘‘for ages 3+’’ etc), the materials it is is made from, its general appearance or how it functions.
Detective Chief Inspector Humphrey said any prosecutions for selling replica guns would be subjectively assessed on a case by case basis.
‘‘The use of these toys or imitation firearms to commit criminal acts will always result in criminal charges,’’ he said, but noted that the sale of them was more subjective.
‘‘We’re obviously concerned about any item facilitating armed hold-ups,’’ he said.
NSW Fair Trading Assistant Commissioner Rob Vella told the Herald that the department’s officers had visited the tobacconist during a recent crack-down on the sale of synthetic cannabis.
He said they were unable to act because the sale of replica guns is regulated under the Firearms act.
The officers passed on their concerns to Newcastle police, Assistant Commissioner Vella said.
The imitation firearm which can be purchased from a tobacconist shop. Picture Simone De Peak
The imitation firearm which can be purchased from a tobacconist shop. Picture Simone De Peak
The imitation firearm which can be purchased from a tobacconist shop. Picture Simone De Peak
Police Minister and Minister for the Hunter Mike Gallacher was unavailable for comment.