42—Handling firearms when under influence of intoxicating liquor or drug
(1) A person who
handles a firearm while so much under the influence of intoxicating liquor or
a drug as to be incapable of exercising effective control of the firearm is
guilty of an offence if—
(a) a
round is in the breech, barrel or chamber or the magazine of the firearm; or
(b) the
person has physical possession or control of ammunition that can be used in
the firearm.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person who
delivers a firearm into the physical possession or control of another who is
so much under the influence of intoxicating liquor or a drug as to be
incapable of exercising effective control of the firearm is guilty of an
offence if—
(a) a
round is in the breech, barrel or chamber or the magazine of the firearm; or
(b) the
person delivers ammunition that can be used in the firearm into the physical
possession or control of the other person or the other person has or can
readily obtain physical possession or control of ammunition that can be used
in the firearm.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) Without limiting
subsection (1) or (2), a person is incapable of exercising effective
control of a firearm if, owing to the influence of intoxicating liquor or a
drug, the use of any mental or physical faculty of that person is lost or
appreciably impaired.
(4) The regulations
may empower police officers to conduct alcohol and drug testing of persons in
possession of firearms and create evidentiary presumptions relating to the
tests and their results.