As airsoft skirmishers, most of us are aware that the hobby or sport has been through a number of controversies regarding its legality not only here in the UK with the introduction of the Violent Crime Reduction Act (VCRA) but also worldwide. And this is because of only one thing, the Realistic Imitation Firearms that we use. Yes, it is true, that the weapons that are used in airsoft are what are categorized as 1:1 replicas of real world firearms, but the reality is, no matter how realistic they may look, the damage that these replicas cause is nowhere near 1:1 compared to their real world counterparts. And for most airsoft communities around the world, this is where the argument starts.

Different countries have different laws and restrictions when it comes to airsoft. And from what I have read so far, most of these are quite unclear especially when it comes to how they should be classified under their governments' gun laws. Luckily most airsoft enthusiasts enjoy their hobby wherever they are by simply following the rules that govern the sport. But there is one country that has always been at the centre of discussions within the global airsoft community, and that is AUSTRALIA, yes, the Land Down Under well known for its wonderful weather and beautiful beaches cannot play airsoft because of their VERY strict laws governing ANYTHING that resembles a gun.

The Australian Firearms Law

The possession and use of firearms in Australia is governed by state laws which are partly aligned by the 1996 National Firearms Agreement. An individual wishing to buy, own and use a gun must have a Firearms Licence and be over the age of 18. To be able to get a licence, applicants must have a secure safe storage unit bolted to the wall or floor or if it is used for the storage of category A, B and/ or C firearms, the storage must weigh more than 150kg.

For each firearm, the applicant or purchaser must obtain a “permit to acquire”. For each firearm a “genuine reason” must be given that can be related to pest control, hunting, target shooting, or collecting. Self- defence is not an accepted reason for issuing a licence. Each firearm must be registered to the owner by serial number.

How does this affect Airsoft?

Firearms in Australia are grouped into categories with different levels of control. And airsoft rifles or replicas fall under Category A, which includes rimfire rifles (not semi-automatic), shotguns (not pump-action or semi-automatic), air rifles, and paintball guns. So this means that non-lethal sport firearms like airsoft and paintball guns are in the same category as real and lethal firearms. This means that in order for a person in Australia to purchase and own an airsoft replica, which in its simplest case is a “toy gun”, he will have to go through the same procedure as someone who is trying to purchase and own a real gun. Not only that, since they are classified in the same way as real guns, all airsoft firearms must have a unique serial number that is registered with the state and federal government. Airsoft guns are legal in some states on a Category A licence, but only bolt action rifle airsoft firearms are legal for sale as well as ownership. Again, not only is it difficult to get the permission to buy and own an airsoft rifle, but the variety of what you can buy and own is also very limited.

The weird thing is that even the bbs require a written approval from the police before they can be imported.

The penalty for importing these airsoft goods without police approval is a fine not exceeding $250,000 or imprisonment for 10 years or both. Imagine getting 10 years in jail for trying to buy a toy gun.

Why is the law so strict?

Australia has always been known to have very strict gun laws. This all stemmed out from gun crimes that were committed during the past 20 years. But what transformed gun control thinking in Australia was the Port Arthur massacre in 1996. Thirty-five people were killed when a man named Martin Bryant opened fire on tourists using two military-style semi-automatic rifles, specifically an AR-15 and an L1A1 SLR. Although at that time, these rifles were legal to possess in Tasmania, Bryant acquired them illegally because he was ineligible to have a firearms licence.

The massacre of these thirty-five people traumatized the Australian community so bad that then newly elected prime minister John Howard, well known for his hatred towards guns, took existing gun reform proposals to enact tighter firearm control. There were gun owners’ organisations that tried to oppose this but the public feeling after the Port Arthur shootings overwhelmed them.

The new laws included mandatory gun licences, registration of all firearms, and a near complete ban on all semi-automatic rifles and shotguns, and all pump-action shotguns. Tasmania, where Port Arthur is, and Queensland objected to some of the changes, but they were threatened with constitutional referendum to transfer power over gun laws to the federal government plus some other threats forced them to support the new changes.

Bring Airsoft Back to Australia Movement

A private independent organisation have now started to try and fight for what they think is their right to play this sport. I was able to communicate with one of the people who started this group, Justin Savidge, and here are his answers to some of my questions:

What is Airsoft Australia?

Justin: “Airsoft Australia is a commercial organisation of airsoft enthusiasts who work with community, legislative and local authorities to negotiate legislation for the sport of airsoft, and the equipment involved."

Why is the law so strict when it comes to replica firearms such as Airsoft Rifles?

Justin: To understand our position, it's important to understand the current legislation that is in force nationally. In April of '96, a mentally unstable and somewhat heavily armed man walked onto a historical site and committed a massacre that would forever change the face of Australia's tolerance to firearms. Immediately after, actions were taken to severely restrict the sale and use of firearms within Australia, with airsoft falling under the definition of a firearm, therefore restricting it's sale, use and ownership despite not actually being a 'true' firearm. Under our current system, firearms are placed into a category depending on factors set out in the various states Firearms Acts (like functions of a given firearm). To obtain a firearm, a person now must apply and be granted with a license, which in turn grants them cautious access to the categories of firearms to which he/she is licensed for, and which the firearms can only be used under a genuine reason given, again, outlined in the Firearms Acts. As of writing, skirmishing in any shape or form is not a valid reason within legislation.

When did Airsoft Australia come into being and what do you aim to achieve?

Justin: Airsoft Australia began life in 2006 and whose aim was to allow legal and responsible ownership of airsoft replicas.

What’s been happening so far?

Justin: While we have made progress on the legislative front, with several advances, at the moment we are currently on a temporary hiatus, as Airsoft Australia at the moment is currently run entirely by volunteers and we are carefully considering our position with what we do have before us. Unfortunately, I can’t reveal much more at the moment. Airsoft Australia has had success in facilitating the importation of Airsoft replicas in some states.

What do you hope to achieve in the near future?

Justin: Airsoft Australia hopes to achieve legalised and licensed ownership and responsible use of airsoft replicas, as well as a body to represent airsoft players and promote airsoft all over Australia, and to help educate those who do not have a grasp on the concept of airsoft and to help those who wish to break into the airsoft scene.

What is your message to the global airsoft community?

Justin: Get out there and have fun, whilst being responsible and enthusiastic and make friends along the way!

For more information regarding Airsoft Australia, login to their website at www.airsoftaustralia.com.au. Currently they are in, what Justin called, “hiatus” at the moment including the Inside Airsoft Magazine that is likewise published in Australia.

Again, all the best to Airsoft Australia and hope to see you guys playing airsoft soon.