A MAGISTRATE has slammed legislation surrounding replica guns after he was forced to make an “anomalous” ruling to return more than 120 “firearms” that police fear would be used to commit serious offences­.

“Either I’m wrong or the legislation is poorly worded,” Magistrate David Day told Wyong Local Court on Friday.

The magistrate was asked to determine a forfeiture order sought by police after a raid on Modcons Gifts & Accessories­ at Westfield Tuggerah in which 127 items were seized in 2015.

media_camera Knives in display cases at Modcons Gifts & Accessories at Tuggerah where imitation firearms were confiscated.

Undercover police had visited the shop previously where a staff member told them “you have to be 18 to purchase the firearms and produce ID”.

They were housed behind a locked glass cabinet where a sign advised customers: “the removal of the red plug in the barrel to make it look like a real firearm is illegal and will make you liable for prosecution”.

Police alleged the items, which included replica Smith & Wesson, Walther and Beretta pistols, an AK47 and other select-fire rifles, constituted prohibited imitation firearms under the Firearms Act 1996.

media_camera A “toy” model of a AK47 and other assault rifles were among the items seized.

Modcons owner Eric Shi owned two of the items — cigarette lighters in the shape of firearms — but had the rest on consignment from the distributor Howard Silvers & Sons, which lodged a court application to have the items returned because they were exempt “toys” under the same legislation.

The exemption under section 4 of the Act states “an imitation firearm does not include any such object that is produced and identified as a children’s toy”.

Seventeen of the replica guns, representing each model on sale, were sent to the NSW Police Force’s ballistics­ unit where they were examined against real guns held in the police firearms library.

media_camera Swords on display in the shop.

All but two flintlock rifles, which were found to be imitations of antique firearms, were deemed prohibited imitations­.

Mr Day said he also inspected the items himself.

“Some of the items were more realistic than others,” he said.

The prosecutor had argued­ at a hearing the “guns” were realistic enough when taken out of the packaging to be used to commit crimes.

But in giving his judgment Mr Day said no evidence was presented to court as to the manufacturer’s “intentions” and all the packaging featured the words “children’s toy” and “cap” as in cap gun.

“The issue is whether the items are dangerous items,” he said.

media_camera Some of the imitation `toys' imported by Howard Silvers & Sons and being sold at ModCon Gifts & Accessories at Tuggerah.

media_camera And another ...

Mr Day found all the items, except­ for the two cigarette lighters, were exempt under the current legislation and were not dangerous items.

However, he said, the cigarette lighters in the shape of guns were “dangerous items” and therefore were replica firearms.

“The legislative framework at first blush is complicated,” he said.

WOMAN RAPED, HELD HOSTAGE FOR 2 MONTHS

Mr Day said the way the law was written forced him into the “anomalous findings”. “I don’t like anomalous findings,” he said.

Mr Day ordered­ the 125 items — mostly modelled on European pistols — to be returned to the distributor and the two cigarette lighters to be forfeited.

But he doubled the standard 28-day appeal period to give “both sides” ample time to lodge an appeal­.