News · NSW criminal law
Prohibited weapons in New South Wales.
In late June 2026, detectives from the Western Region Enforcement Squad charged a 26 year old man over the alleged supply of electronic stun devices in Parkes. The charges, laid under Strike Force Malino, included manufacturing a prohibited weapon without a permit and using a prohibited weapon contrary to a prohibition order. He was refused bail and appeared in the Bail Division of the Local Court on 1 July 2026. The case is a plain reminder that a stun gun is not a grey area in this state. It is a prohibited weapon, and so are a lot of items people assume they can carry. This note explains what counts as a prohibited weapon under the Weapons Prohibition Act 1998, why tasers and pepper spray are illegal to carry, the penalties, the permit system, and the weapons prohibition orders that let police search a person without a warrant.
By Aaron Kernaghan · Published 5 July 2026
What is a prohibited weapon in NSW?
A prohibited weapon is any item listed in Schedule 1 of the Weapons Prohibition Act 1998. The list is long, and it catches a lot of things people do not think of as weapons. It covers flick knives, ballistic knives, daggers, knuckledusters, maces and batons, certain crossbows and spear guns, dart projectors, and laser pointers above one milliwatt. It also covers two items that come up again and again in ordinary life: electronic stun devices, which most people call tasers, and anti personnel sprays, which most people call pepper spray or capsicum spray. If an item is on the Schedule 1 list, possessing or using it without a permit is an offence.
The Act sits alongside, but apart from, the Firearms Act 1996. A firearm is dealt with under the Firearms Act and its licensing system. A prohibited weapon is dealt with under the Weapons Prohibition Act and its permit system. The two regimes look similar in style, but they are different charges with different rules. The full text of the Act is on the NSW legislation site. Our note on unauthorised firearm possession covers the firearms side.
Are tasers legal in NSW?
No. A taser or stun gun is a prohibited weapon under Schedule 1. It is an offence for a civilian to possess or use one. The charge is under section 7(1) of the Act, and the maximum penalty is 14 years imprisonment. Only police, and a small number of authorised officers, may carry a taser, and only for law enforcement duties. There is no self defence exception. Buying a stun device online from overseas does not make it lawful to have here, and it can be seized at the border.
The Strike Force Malino case shows how the Act reaches the supply chain as well as the person at the end of it. Making a prohibited weapon is a separate and more serious charge under section 25A, with a maximum of 14 years, rising to 20 years for a military style weapon. Selling or giving a prohibited weapon to another person is also an offence. So a person who makes or imports stun devices and passes them on can face several charges from the one course of conduct.
Is pepper spray legal in NSW?
No, not for ordinary self defence. Pepper spray, capsicum spray and other anti personnel sprays are prohibited weapons under Schedule 1. Carrying one without a permit is an offence under section 7(1), on the same 14 year maximum as a taser. People often assume a small canister bought for protection is fine because it is sold openly in other countries. In New South Wales it is not. A fear for personal safety is not, by itself, a lawful excuse to carry it.
This catches two groups of people in particular: those who buy sprays while travelling and bring them home, and those who order them online. The item does not have to be used. Possession is the offence. If a person is stopped and searched, and a canister is found in a bag or a glovebox, that is enough to charge. Our note on what to do after a police search explains how search powers work and when a search is lawful.
What is the penalty for possessing a prohibited weapon in NSW?
Section 7(1) carries a maximum of 14 years imprisonment. Possession or use of a prohibited weapon is a Table 2 offence, which means it is usually dealt with in the Local Court, unless the prosecutor elects to take it to the District Court. In the Local Court the maximum drops to two years for the one offence. That is the ceiling. Most first matters, for a single item with no aggravating features, sit well below it.
There is a standard non parole period of five years for the offence when it is dealt with on indictment, for offences committed on or after 21 August 2015. A standard non parole period is a reference point for a case in the middle of the range of seriousness, not a mandatory minimum. Where the weapon is tied to violence, an organised group or a supply operation, the case moves up the range quickly. The Judicial Commission of NSW collects the sentencing material for firearms and prohibited weapons offences.
Can you get a permit for a prohibited weapon?
Sometimes, but not for self defence. Part 3 of the Act lets the Commissioner of Police issue a permit to possess or use a prohibited weapon, but only where the applicant has a genuine reason. Genuine reasons are limited. They cover things like an occupational need, weapons collecting, film and theatrical production, sport and recreation, and animal management. Personal protection is not a genuine reason. A permit will not be granted to carry a taser or a can of pepper spray to feel safer on the street.
A permit also comes with conditions, and using the weapon for something other than the genuine reason, or breaching a condition, is itself an offence under section 7(2). So the permit system is narrow by design. For most people, there is no lawful way to keep a prohibited weapon at home or carry one in public.
What is a weapons prohibition order, and can police search you?
A weapons prohibition order, or WPO, is an order the Commissioner of Police can make against a person, banning them from possessing or using any prohibited weapon. A person subject to a WPO cannot hold a permit. In the Malino case, one of the charges was using a prohibited weapon contrary to a prohibition order, which is the offence a person commits when they are subject to a WPO and possess or use a weapon anyway.
The part of a WPO that bites is the search power that comes with it. Police can stop and search a person who is subject to a WPO, and search their vehicle and their home, without a warrant and without a reasonable suspicion that they are breaking the order. The power is not unlimited. A court can later find a search unlawful if it was not reasonably required to check whether the person was complying with the order. This mirrors the firearms prohibition order power, and it is one of the widest search powers in the state. Our note on custody of a knife in public covers a related everyday weapons charge.
What defence work looks like in a prohibited weapon case.
The first question is the search. If the weapon was found on an unlawful search, the evidence can be challenged and, in some cases, excluded. Where a weapons prohibition order or a firearms prohibition order is relied on, the question is whether the search was reasonably required to check compliance. Where there is no such order, police need a lawful basis to search at all.
The second question is possession and knowledge. The Crown must prove the person had custody or control of the weapon and knew it was there. The High Court set out that knowledge element in He Kaw Teh v The Queen (1985) 157 CLR 523, available on JADE. A weapon found in a shared car or a shared house is not automatically the accused's. The third question is authority. If the person held a permit, or fell within an exemption, that answers the charge. Where possession is not in real dispute, the work turns to outcome, keeping a conviction off the record where the law allows, through options such as a section 10 dismissal.
Frequently asked.
Are tasers legal in NSW?
No. A taser or stun gun is a prohibited weapon under Schedule 1 of the Weapons Prohibition Act 1998. It is an offence for a civilian to possess or use one, under section 7(1), with a maximum of 14 years imprisonment. Only police and a small number of authorised officers may carry one, and only for law enforcement duties. There is no self-defence exception.
Is pepper spray legal in NSW?
No, not for ordinary self-defence. Pepper spray and capsicum spray are prohibited weapons under Schedule 1. Carrying one without a permit is an offence under section 7(1), on the same 14-year maximum as a taser. A fear for personal safety is not a lawful excuse, and the spray does not have to be used for possession to be an offence.
What is the penalty for possessing a prohibited weapon in NSW?
The maximum under section 7(1) is 14 years imprisonment. It is a Table 2 offence, usually dealt with in the Local Court unless the prosecutor elects the District Court, and in the Local Court the maximum is two years for the one offence. A standard non-parole period of five years applies when the matter is dealt with on indictment.
What is the difference between a prohibited weapon and a firearm?
A firearm is dealt with under the Firearms Act 1996 and has its own licensing system. A prohibited weapon is any item in Schedule 1 of the Weapons Prohibition Act 1998, such as a taser, pepper spray, a knuckleduster or a flick knife, and has its own permit system. They are separate charges under separate Acts.
Can police search you without a warrant under a weapons prohibition order?
Yes. A person subject to a weapons prohibition order can be stopped and searched, along with their vehicle and home, without a warrant and without police needing a reasonable suspicion of a breach. The power is not unlimited: a court can find a search unlawful if it was not reasonably required to check compliance with the order.
What is a genuine reason for a prohibited weapon permit?
Under Part 3 of the Weapons Prohibition Act 1998, the Commissioner of Police can grant a permit only where the applicant has a genuine reason, such as an occupational need, weapons collecting, film or theatrical production, sport and recreation, or animal management. Personal protection is not a genuine reason, so no permit is granted to carry a taser or pepper spray for self-defence.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 5 July 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.