South Australian police have warned that anyone brandishing a new kind of toy gun will initially be treated as though they are holding a real firearm by officers called to the scene.
"Gel blasters", as Superintendent Steve Howard described them, are used in skirmish games similar to paintball and have become increasingly popular in recent months.
Getting hit by a gel ball is less painful than paintball and much cheaper. The balls expand when soaked in water.
However, Superintendent Howard, the officer in charge of South Australia Police's Firearms Branch, said the toy rifles could be mistaken for real guns.
"If the police get called in response to a job where a gel blaster is being used, and we suspect it's a firearm, we'll be treating the person as being armed with a firearm until we can prove to the contrary," he said.
Superintendent Howard said in recent weeks there had been a number of incidents in which the toy guns had been mistaken for real weapons.
He said one incident earlier this month involved a man posing with the toy on Facebook, alongside offensive comments.
The Adelaide man was arrested after posting a picture of himself with what looked like a gun saying he was "on my way to my local mosque".
"They're not firearms under the Firearms Act; however, because of their appearance they've caused us some concern and also concern to members of the public," Superintendent Howard said.
Double the penalty with toy
Superintendent Howard said assault charges could be upgraded to aggravated assault if the accused used the toy.
"It would double the penalty," he said.
"So if you assaulted someone without a gel blaster, the maximum penalty is two years; with a gel blaster it would be four years."
Gel blasters — also known as hydro blasters — are legal to own in South Australia and Queensland, and Superintendent Howard said police did not want that changed.
"Other states have appearance-based firearms legislation, so if something looks like a firearm, it's deemed to be a firearm," he said.
