Victoria Sword Ownership Laws
Understanding the legal framework for sword ownership in Victoria is essential for all collectors.
These regulations are designed to balance personal freedom with public safety.
Control of Weapons Act 1990
The primary legislation governing sword ownership in Victoria is the Control of Weapons Act 1990 and its subsequent amendments. Under this Act, swords are classified as “controlled weapons.”
Key Provisions:
- Prohibited weapons (certain types of swords) may not be owned without specific exemptions
- Controlled weapons (most traditional and historical swords) can be owned but with restrictions
- Transport and public display of swords is regulated
- Sale and purchase require proper documentation
Control of Weapons Regulations 2011
These regulations provide the detailed implementation guidelines for the Control of Weapons Act and specify the requirements for lawful ownership of swords.
Exemptions for Collectors:
Section 8A of the Control of Weapons Regulations provides exemptions for members of approved collectors’ organizations, such as the Victorian Historical & Edged Weapons Guild.
“A person who is a member of an approved historical or cultural collectors’ association… is exempt from sections 5(1), 5(1A) and 5(1AB) of the Act in relation to the possession of a sword if the sword is possessed solely for the purpose of the activities of the association of which the person is a member.”
This is the legal basis for why membership in an organisation like the Victorian Historical & Edged Weapons Guild is essential for lawful sword ownership in Victoria.
Responsibilities of Collectors
All swords must be stored securely when not in use. The regulations require:
Lockable cabinets, cases, or rooms for storage
Reasonable measures to prevent theft or unauthorized access
Additional security for large collections or particularly valuable items
The Guild recommends using purpose-built display cases with locks or dedicated safes for sword storage.
Swords must be securely wrapped and not visible to the public
Transport must be direct between approved locations (e.g., home to exhibition)
Carry proof of Guild membership during transport
Have a legitimate reason for transportation (e.g., taking to an exhibition, moving residence)
It is illegal to carry a sword in public without a legitimate reason, even for Guild members.
Must be conducted by recognized organizations or for educational purposes
Requires secure display methods to prevent unauthorized handling
May require notification to local authorities for larger exhibitions
Documentation of the historical or cultural significance should be available
The Guild can provide guidance on organizing legal and proper exhibitions of sword collections.
Sellers must verify the buyer has a legitimate reason to own a sword (e.g., Guild membership)
Documentation of transactions should be maintained
Online sales must comply with both Victorian regulations and interstate laws if applicable
Imported swords must comply with Customs regulations in addition to state laws
The Guild recommends keeping records of all sword transactions, including receipts and provenance documentation where available.
Legal Protection
Membership in the Victorian Historical & Edged Weapons Guild of Victoria provides the legal exemption required for lawful sword ownership under Victorian regulations.
Education
We promote education about the historical, cultural, and artistic significance of swords and bladed weapons.
Responsibility
We advocate for the responsible ownership, display, and handling of swords in accordance with all laws.
Apply for Membership