Weapons Law Queensland for Nunchaku
What the Law states - Possessing And Acquiring Nunchaku Or Kung-Fu Sticks
The Law -Possessing and Acquiring Restricted Items- Law - Lawyer / Solicitor Article
Sections 67 of the Weapons Act Queensland states:
(1) A person must not, without reasonable excuse, possess or acquire a restricted item.
(2) For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic
control.
(Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations).
Restricted Items (Act, s 67) Weapons Categories Regulation 1997
(a) Handcuffs, thumbcuffs or other similar restraints;
(b) Nunchaku or kung-fu sticks or any similar device which consists of 2 hard non flexible sticks, clubs, pipes or rode
connected by a length of rope, cord, wire or chain constructed or designed to be used in connection with the practice
of a system of self defence and which if used offensively against a person is or are capable of causing bodily harm;
(c) A billy club, a baton or any device constructed or designed as a telescopic baton not being a toy or a category M
weapon, that if used is capable of causing bodily harm;
(d) Any studded glove which if used offensively against a person capable of causing bodily harm.
Category M weapons
Each of the following is a category M weapon-
(a) any clothing, apparel, accessory or article designed to disguise any weapon or other cutting or piercing instrument
capable of causing bodily harm;
(b) any of the following that is primarily designed for the control of native or feral animals-
(i) an antipersonnel gas of a corrosive, noxious or irritant nature or that is capable of causing bodily harm and any
weapon capable of discharging the gas by any means;
(ii) an antipersonnel substance of a corrosive, noxious or irritant nature or that is capable of discharging the
substance by any means;
(c) any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand, the
blade may be released by that hand;
(d) any clothing, apparel, adornment or accessory designed for use as a weapon or a cutting or piercing instrument
capable of causing bodily harm;
(e) any incendiary or inflammable device containing any substance capable of causing bodily harm or damage to
property that is primarily designed for vegetation management;
(f) any pistol crossbow designed to be discharged by the use of 1 hand (that is not a toy pistol crossbow) that when
discharged is capable of causing damage or injury to property or capable of causing bodily harm;
(g) any crossbow designed to be discharged by the use of 2 hand that, when discharged, is capable of causing
damage or injury to property or capable of causing bodily harm;
(h) a Chinese throwing iron that is a hard non flexible plate having 3 or more radiating points with 1 or more sharp
edges in the shape of a polygon, trefoil, cross, star, diamond or geometric shape and constructed or designed to be
thrown as a weapon;
(i) a flail or similar device constructed and designed as a weapon consisting of in part a striking head and which, if
used offensively against a person, is capable of causing bodily harm;
(j) a device known as a 'manrikiguisari' or 'kusari' consisting of a length of rope, cord, wire or chain fastened at each
end to a geometrically shaped weight or handgrip and constructed or designed to be used as a weapon;
(k) a device known as a knuckleduster or a device made or adopted for use as a knuckleduster and which, if used
offensively against a person, is capable of causing bodily harm;
(l) a weighted glove designed or constructed to be used as a weapon;
(m) a mace or any similar article (other than a ceremonial mace made for and used solely as a symbol of authority on
ceremonial occasions);
(n) any device, not a toy, constructed or designed as a telescopic baton, the extension of which is actuated by the
operation of a mechanical trigger.
Principles of Act
(1) The principles underlying this act are as follows-
(a) weapon possession and their use are subordinate to the need to ensure public and individual safety;
(b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring
the safe and secure storage and carriage of weapons.
(2) The object of this act is to prevent the misuse of weapons.
What the Police must prove - Possessing And Acquiring Nunchaku Or Kung-Fu Sticks
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused without a reasonable excuse possessed or acquired a restricted item.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the
offence.
Maximum Penalty - Possessing And Acquiring Nunchaku Or Kung-Fu Sticks
The Maximum penalty for the offence of Possessing and Acquiring Restricted Items is 10 penalty units.
Which court will hear the matter - Possessing And Acquiring Nunchaku Or Kung-Fu Sticks
This matter is simple which means it is dealt with in the Magistrates Court.
Possible Defences - Possessing And Acquiring Nunchaku Or Kung-Fu Sticks
Possible defences to this offence include but are not limited to:
1. The accused had a lawful excuse for possessing or acquiring the restricted items; or
2. The accused did not possess or acquire the restricted items; or
3. It was not the accused.
Attention
This information was obtained from Potts Lawyers website and was crosschecked from Weapons Act 1990
Queensland Weapons Categories Regulation 1997. Potts Lawyers may be contacted on (07) 5532 3133 for further
advice or contact your own lawyer/legal advice if required.
Laws may change from state to state. It is highly recommended that training weapons not be moved interstate for
any reason such as if you are moving, have a training event or competition as you may be criminally charged with
possession of a weapon other then in Queensland.
Reasonable Excuse – A reasonable excuse for a person to own or have in possession a pair of Nunchaku would be if
they belong to a Martial Arts School and train with this weapon. No colour belt of Karate 4 Kids or Mixma Self Defence
is permitted to use or possess Nunchaku or related weapons.
Carriage – The suggested way to transport a weapon such as Nunchaku would be in a closable bag in the boot/back
of the car. It must not be easily accessible by the driver or passengers.
Storage – It is recommended that storage of a weapon such as Nunchaku should be in a closed bag and stored in a
room where minors cannot access. They should not be left in the open or easily accessible by anyone.
Moving Interstate – A weapons permit may be required to move Nunchaku interstate. Please see the appropriate
weapons licensing act for further information.
Practice or Use outside of our martial arts centre – Students may practice in the privacy of their own home / yard under parental
supervision for minors. Special permission has been sought through Queensland Weapons Licensing for members to
use Nunchaku in a public place for events such as demonstrations. Nunchaku use against another person or animal
may result in criminal charges even in a situation of self defence.
Parents/legal guardians of minors will be held responsible for the safe carriage, storage and use of any weapon that a
Black Belt may own or possess while being a member of Karate 4 Kids or Mixma Self Defence. No responsibility is
given by this school (Karate 4 Kids Pty Ltd) or its staff for student’s transportation, storage or use while outside of our
training centres.