South Australian Current Acts

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FIREARMS ACT 2015 - SECT 42

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.



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