Are Handcuffs Illegal?

Yes, having handcuffs in your possession without a permit is illegal. 

Legislation: 

In New South Wales, handcuffs are classed as a prohibited weapon under Schedule 1 of the Weapons Prohibition Act 1998 and a person can be charged with the offence of ‘Possess Prohibited Weapon’ pursuant to Section 7 of the Weapons Prohibition Act 1998. This offence carries a maximum penalty of 14 years imprisonment with a 5-year standard non-parole period. 

The Schedule defines handcuffs as: Handcuffs (including thumb and leg cuffs), being a set of ringed-shaped shackles of any material (and connected by any means) that are designed to be worn on the wrists, thumbs or ankles, but not including antique handcuffs, or handcuffs produced and identified as children’s toys, or handcuffs that are designed to be released by the wearer (such as handcuffs used in theatrical productions). 

Permits:

In order to lawfully possess handcuffs or other prohibited weapons, a person is required to hold a permit. The three categories of permits are:

1. General permit – An example of a general permit is one issued to a security firm, which may need to buy, possess and use handcuffs in approved security activities. Such activities include patrolling, protecting, watching or guarding cash or infrastructure such as airports. It is illegal for handcuffs to be carried by security officers when conducting crowd control, private investigations or debt collections. The security firm would need to provide evidence of safety training for handcuffs before a permit was issued.
2. Weapons Dealer Permit – A weapons dealer permit allows the holder to possess, buy, sell and make prohibited weapons, but only in the course of carrying on a business and at a specified location.
3. Theatrical Weapons Armourer – A theatrical weapons armourer permit allows the holder to possess, use, buy, sell and make prohibited weapons, as well as supervise and train people in film, television or theatre in how to use them.

Section 11 of the Act prescribes that the person must have a genuine reason for possessing or using the weapon in order to be granted a permit by the Commissioner of Police. Some examples of genuine reasons include recreational or sporting purposes, business or employment purposes, film/TV/theatrical purposes, weapons collection, heirloom or historical re-enactment purposes. 

When applying to the Commissioner of Police for a permit, the Commissioner must be satisfied that the applicant:

1. Is a fit and proper person and can be trusted to have possession of the prohibited weapons without danger to public safety or to the peace, 
2. Has completed appropriate training and safety courses, 
3. Can meet storage and safety requirements. 

A permit is unable to be issued where:

1. The person has been convicted of a specified offence within the last 10 years, 
2. The person is or has been subject to an apprehended violence order within the past 10 years, 
3. The person is subject to a good behaviour bond (whether in NSW or elsewhere), community corrections order, conditional release order or a weapons prohibition order,
4. The person is a registrable person under the Child Protection (Offenders Registration) Act 2000, 
5. The Commissioner of Police deems there is a risk to public safety and the issuing of a permit would be contrary to the public interest. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.