An imitation firearm is an item that contains a mechanism that imitates the loading mechanism or firing mechanism of a firearm. Or it is an item that is an imitation of the receiver of a firearm.

It does not include however an item that is a children’s toy or a novelty item or an item determined by the registrar not to be a regulated imitation firearm.

The registrar can decide, if satisfied on evidence, that the replica cannot be readily adapted to function as a firearm then it will not be classed as a regulated imitation firearm.

Under regulation 9 of the Firearm Regulations 2017 (SA) it states that the definitions of Class A B C D and H firearms in section 5(1) of the Firearms Act are amended so that if a regulated imitation firearm closely resembles a firearm of that particular class it will be taken to encompass the regulated imitation firearm.

It may be a defence to the charge if you:

• Are an exempt/authorised person
• Did not have possession; and
• Had an honest and reasonable belief about the firearm being on their premises.

A regulated imitation firearm is an item that visually or mechanically imitates a real firearm, including its loading or firing mechanism. If it closely resembles a firearm listed in Categories A, B, C, D, or H, it will be treated as such under section 5(4) of the Firearms Act.

No. Toy guns, novelty items, or objects specifically exempted by the Registrar of Firearms are not classified as regulated imitation firearms, provided they cannot be modified to function as real weapons.

Penalties depend on the class the imitation weapon resembles:

• Prescribed firearms: Up to 10 years’ imprisonment or $50,000 fine
• Class C, D or H: Up to 7 years or $35,000
• Other classes: Up to 4 years or $20,000

Aggravating factors may increase these penalties.

Yes, but only if:

• The replica is not classified as a regulated imitation firearm, or
• You hold a valid firearms licence for the relevant class it mimics, and
• The item is registered if required.

Functionality. A replica firearm does not discharge a projectile but may still resemble a real weapon visually or mechanically. However, regulated imitations are treated like real firearms if they can cause public alarm or are difficult to distinguish.

Yes. Possessing or carrying a regulated imitation firearm in public without proper licensing or exemption is illegal and can lead to arrest and prosecution, particularly if the firearm causes fear or confusion.

Yes. As of April 2021, gel blasters are regulated as Category A firearms, meaning you must register them and hold the appropriate licence.

Absolutely. Police are empowered to seize, search, and arrest a person in possession of a replica firearm that resembles a real one. The courts will often treat the possession as equivalent to that of a live firearm.

Yes. Possible defences include:

• You are an authorised or exempt person,
• You had no possession or control of the item,
• You had an honest and reasonable belief that it was not a regulated imitation firearm.

Only if the imitation is considered a regulated imitation firearm resembling a class of firearm. You may need to register it and hold a licence consistent with its category.

Generally, no. Importing or acquiring a regulated imitation firearm without proper authorisation is an offence. Customs and local police often intercept such items.

Contact a criminal lawyer or the Registrar of Firearms for an official determination. If found in possession of an unlicensed regulated imitation firearm, you may face serious penalties.