SUPREME COURT OF WESTERN AUSTRALIA, Ruling, Gel Blasters INVAILD

Legal
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The SUPREME COURT OF WESTERN AUSTRALIA has ruled the law to ban Gel Blasters in W.A is Invalid as a Gel blaster is not a Weapon but a Toy and cant full under the weapon ACT.

The Magistrate erred in law in acquitting the respondent on the basis that the prescription of a gel blaster as a ‘prohibited weapon’ under the Weapons Regulations 1999 was invalid because it was outside the scope and purpose of the Weapons Act 1999.[[5]]

This still leaves the law standing atm BUT it has to be repealed as it is invalid.
He won his case yaaa, a great presence.
Now to win our sport back we have to contest the Legislation in a case.
Then that may help other states fight in court for the sport yer

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Thanks so much for coming on here and sharing this information with us in the hobby :ok_hand:

I’m assuming that your username SWGB is the Bunbury/SouthWest Gel Ball Club?

I have been a member of several Western Australian Gelblaster/Paintball Clubs who have all been combined in fighting this Legislation since it was first announced, and I’m very well familiar about our fight against the WA Government on this issue…… but I’m still of the understanding that we don’t have a Snowflake’s chance in Hell of reversing the Laws against Gelblasters in Western Australia whilst under the current Labour Government and its overwhelming majority control of the seats in Parliament.

The Gelblaster specific Legislation has been introduced, passed and amended into our WA Firearms Legislation Act already, and the whole shitshow is currently under Government revision and changes once again to tighten down on firearms ownership and use.

Papalia himself laughed at us in Court when we first had a legal battle over Gelblaster legality in the technical descriptions of such “weapons” as described by the old Laws in the WA Courts, whereas his reply was basically “I dont give a fuck if the Judge rules in favour of your arguments in the WA Courts, I’ll just change the Firearms Legislation to ban them anyway” :rage:

I’m going to get back in contact with the many Perth Metropolitan and Southwestern Gelblaster/Paintball Clubs tomorrow and ask the question if there’s been any change in the legal actions that I have been donating to for the last 3 years now and see if they can confirm that there’s been any changes to the situation that we have been fighting for so long now.

I certainly can only hope that there is some truth to this, but knowing what I know, I’m certainly not going to be holding my breath :thinking:

Apologies for the negativity, but also appreciate your posting this information here for us to raise awareness of this news👍

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11:32

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The learned Magistrate then expressed his decision as follows:

… It’s a question about whether the particular prohibition comes within the meaning of the words in the statute which enable the regulations and within the scope and purpose of the legislation.

And, in my view, when one has regard to the dictionary definitions of the word ‘weapon’ and then the types of items or articles that were described by the Attorney-General in the second reading speech, and, indeed, the other items and articles that are specified in the schedule to the Weapons Act, being things such as knives, martial arts implements, nunchuckas, that they are all items which have as their purpose the infliction of injury in fighting or combat.

And that the evidence in this case does not establish the gel blaster is something that was manufactured for that same purpose and so cannot be properly described as a weapon and, accordingly, in my view, the prescription of a gel blaster is outside the scope and purpose of the Weapons Act and I, therefore, find Mr Clark not guilty. 14]

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Following his acquittal, the learned

Magistrate awarded the respondent costs of $12,508.

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11:36

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  • SouthWest Gel Blasters

Yes, so what the Court ruling means for Gel Blasters in W.A.!!

What did we get out of it? As a Supreme Court ruling.

{ The Magistrate erred in law in acquitting the respondent on the basis that the prescription of a gel blaster as a ‘prohibited weapon’ under the Weapons Regulations 1999 was invalid because it was outside the scope and purpose of the Weapons

Act 1999.53

  1. Gel Blasters are NOT a Weapon or a Firearm.
  2. Gel Blasters are outside of the Weapons ACT.
  3. The minister overstepped his power as the Exsetertive.
  4. The Amendment needs to be Repealed as it is
  5. Ultra Vires. Not valid.
  6. A really good Predience for where Gel Blasters stand in and outside of the LAW. more to the good of being a TOY Gun.

WHERE WE STAND.

This ruling doesn’t change the Law atm, GBs are still a Prohibited Weapon.

What Can Be Done, To Win Our Sport Back.

  1. We need to find a supportive Minister for Gel Blasters to start. So we have a voice in the house.
  2. The Amendment can not stand as ruled invalid.
  3. an there’s no other law to cover Gel Blasters.
  4. So the floor is open atm for a Public Bill to be put forward by the industry to parliament, {W.A Gel

Blaster Sports Bill 2024 }

If we can get that passed, we can cos they have nothing els lol.

11:36

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  • SouthWest Gel Blasters

Then the GBs Sport will be fixed in place forever in

W.A like Paint Ball is atm.

This I feel after all the research from 3ys this is our best way forward and I have all already written half of the proposed BILL.

We do not want Gov to come up with some other BS amendment that F$%%ks us even more yer.

There other direction. Class action for damages. jump up and down screaming for the to do something!!. Or do them at their own game.

Anyways to everyone involved, this ruling is the best news I could expect and brings many opportunities to win or sport back for the community, our family friends the youth of today.

SWGB will post all updates an info. like it, share it.

Get the New out there so everyone knows yer.

Never Give Up pew pew

GEL BLASTER CONVERSIONS: Was the Minister’s claim a

ПЕ?

EXCLUSIVE

DO You, Dean Aaruz and 3 others

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11:42

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2d •

GBs Court detail updates for everyone.

We Did Win, BUT!!

Please read and share. SWGB

The respondent’s contentions

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In essence, the respondent contended:

(1) the Weapons Act is concerned with or directed to

‘weapons’ within that word’s common law or ordinary meaning;

  1. the regulation-making power in the Weapons Act could only extend to ‘weapons’ in the common law or ordinary sense;
  2. a ‘prohibited weapon’ could only be a weapon in the common law or ordinary sense;
  3. gel blasters are not ‘weapons’ within a common law or ordinary sense; and
  4. accordingly, the Weapons Regulations were beyond power if they prescribed gel blasters as they were not ‘weapons’.

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The respondent’s argument was that

the Weapons Regulations prescribing gel blasters dealt with a subject outside the scope of the empowering provision. This is sometimes referred to as simple ultra vires. (11]

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Hence, the respondent submitted:
[20] The prescription of something that is not a weapon as a ‘prohibited weapon’ would create a legislative fiction, so that ‘prohibited weapon’ is merely a legislative label devoid of content. To the same effect ‘prohibited weapon’ could be replaced with ‘Class A Article’ or ‘MacGuffin’. [12]

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Supreme Court rules law change is invalid due to gel blasters not actually being deemed a “weapon” (basically)

So that should mean that legislation in null and void cause it should never of been able to be passed to begin with? But that, to me, would be logical and everyone knows politics doesn’t follow common sense.

The only reason I can think of that WA, and even SA, don’t follow the same legislation that QLD does with hard to get blaster, that and to be working perfectly fine mind you, is because of the fucktards thinking they can do it better by just banning it outright.

And as I’m sure many have brought up and evidence would prove, banning gel blasters would have zero affect on crime rates, it’s almost as if criminals don’t care what the law says :thinking:…

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Yeah it’s definitely a very Grey area as the whole arguments were based around the definition of a “firearm” by Definition in Law and Physics.

But as that a-hole Papalia said to us that if he lost in the Court decision that he would just change the Laws and outright ban them anyway!

How can one “man” ……. who acted more like a 5 year old having a dummy spit during this whole process……. be given the power to override the High Court Decisions and change the wording of whatever Laws he wants just because he doesn’t agree with something?

As for the comments above regarding getting a Politician on board to take up these matters in WA Parliament, we have tried time and time again writing to all our different Members of Parliament, and even had one manage to present an argument earlier in the fight, but with the Labour Government holding the majority of seats, they are all Papalia’s puppets who will shoot down any attempt by other parties to pass any changes to the Legislation on this matter :rage:

I will try and find a link to that specific speech and post it here :+1:

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This is bittersweet news, given the win on that case, but the government will likely just add or change legislation to suit their agenda. I truly hope one day all Aussies can enjoy the gel sports, but backwards nanny state politicians seem all too happy to ruin the fun without seeing the benefits.

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Your only hope is Nationals to get any freedom. Any of those buggers there?

They love farming, mining, guns, basically anything productive. They are such a minority because of all the wusses these days.

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Yes we have the Nationals, along with Shooting/Farming/Rural Parties……. but in the current corruption of 2 party Governments and preference votes, there’s absolutely zero chance of anyone other than the Labour Government getting elected into office :rage:

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@SWGB

A good article to add to our fight in WA :white_check_mark:

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Damn, that’s a long comprehesive round up. :+1:

Good to see though.

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Yeah it’s been 3 years so far, but there’s still a large number of people devoting their time and effort still challenging the bans and lobbying Local Ministers :+1:

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I’ve watched a few of his videos and been following him since he started in Gelblasters a few years ago, and he definitely has plenty of good knowledge on the subject for sure :ok_hand:

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https://www.facebook.com/JamesListerSouthernDowns/videos/2573885292829235/?mibextid=rS40aB7S9Ucbxw6v

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I remember this.

I also remember a well known unscrupulous vendor conning people with scare tactics into joining their “club” so that they could keep their blasters, saying it was a “legal requirement” despite it not being passed in parliament… the irony of that. :laughing:

We’ll just overlook the fact that the particular vendor in question was at the same time (and still is) flaunting the law and shipping blasters to states where they are banned then, shall we?
“If you live in Australia, shipping is free to your door.” :wink:

Thankfully that particular bit of legislation (mandatory club registration) didn’t get up here in Queensland. :roll_eyes:

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I must say, that was a very “TacTiv” reply in the way you skilfully danced around the subject without naming any names directly :clap:

I’m sure Corey would be proud of you! :stuck_out_tongue_winking_eye:

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No not Bunbury SWGB Southwest Gel Blasters.
Our Snowflake has just fallen out of the Sky yer.
Just clear up some points.
1 Gel Blasters have Not been put under the Firearms Legislation Act, as they don’t come under the definition of Firearm.
2. The only way they ban GBs was the Weapon ACT as a Prohibited Weapon with No definition, But he got that Wrong there is a Definition by the Govorne general.
3 Gel Blasters are Not a Fiream or a Weapon as it does meet what a Weapon is.
If its Not a Weapon then the Weapons ACT have no law over it and the Amendment is INVALID as you read ruled by the High Court W.A, 10/march 2023.
INVALID

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I feel the minister can do what ever he pleases as it will do no good. He used the only way he could ban GBs. Now that’s been shot down and ruled by the high court.
As I see it the Amendment is no longer in effect and we are back in the grey area, not legal in law But Not Illegal either.
The Afredaive of the action of SWGB with the understanding of the Courts ruling the Weapons Amendment is Null and void and no longer eligible for Gel Blaster to be owned with a lawful region in W.A.
If there’s no response by said minister in 7day will be regarded as fact.
Never give up, its time to start at it again mate