The recent tragedy at Monash University has highlighted the problems associated with weapons in the community and reignited public debate on the availability of guns and other weapons. The propensity for young people to routinely carry some form of weapon is alarming the community. Even more alarming is research showing that more often than not these weapons end up being used against their owners, inflicting serious injuries when altercations occur.

The government is taking tougher measures in attempting to control weapons in the community. An extensive media campaign aimed at educating people about the dangers and stupidity of carrying weapons has been introduced and directly targets young people. Recent amendments to the Control of Weapons Act 1990 further restricts the carrying and selling of certain weapons. Coupled with increased police powers, including additional search powers and the issuing of hand held metal detectors, the government hopes these measures will reduce the amount of weaponry out on the streets.

The Control of Weapons Act 1990 deals with the control of non-firearm weapons and body armour. Non-firearm weapons are divided into various categories: prohibited weapons, controlled weapons and dangerous articles.

Prohibited weapons are weapons that are considered totally inappropriate for general use. These weapons include flick knives, daggers and guns and cannot be possessed, carried, sold or manufactured without permission. The penalty for possession, carriage or use of a prohibited weapon is a fine of up to $12,000 or six months imprisonment. Recent amendments to the Act’s Regulations, the Control of Weapons Regulations 2000, increases the list of prohibited weapons to include items such as “knuckle knives”, “swordsticks”, “butterfly knives”, throwing blades, blow guns, catapults, chemical sprays, electric shock devices, darts and studded gloves.
Controlled weapons are those weapons that are designed for a legitimate purpose but are subject to control because of the danger they pose if misused. These weapons include imitation firearms, bayonets and knives not classified as prohibited. Recent Regulations have increased the list to include items such as batons, cudgels, spear guns, swords and cattle prods. A person may carry and use a controlled weapon provided he/she has a licence or lawful excuse to do so and its use falls within the categories of legitimate recreational, sporting, collecting or employment activities. Self-defence does not constitute a lawful excuse. The penalty for illegitimate carriage or use of a controlled weapon is $6000 or six months imprisonment.

Dangerous articles include any articles adapted or carried for use as weapons and include baseball bats, steel bars and the like. If these items are carried or used without lawful excuse (such as legitimate recreational, sporting, collecting or employment use), penalties of up to $6000 and six months imprisonment will apply.

The reasons behind the carrying of weapons by young people are no doubt complex and multifaceted. It is to be hoped that these additional measures will go some way toward controlling the proliferation of weapons in our community. Education on all levels - in the home, school, workplace, recreational clubrooms and in the community at large - needs to be regularly and routinely reinforced if we are to be successful in limiting this social problem.