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FIREARMS ACT 1996 - SECT 242

Restrictions where alcohol or other drugs concerned

    (1)     A person commits an offence if the person—

        (a)     is under the influence of alcohol or another drug; and

        (b)     either—

              (i)     has a firearm in the person's physical possession; or

              (ii)     uses a firearm.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person must not sell or give possession of a firearm to another person—

        (a)     if the person knows or has reasonable cause to believe that the other person is under the influence of alcohol or any other drug; or

        (b)     if the other person's appearance or behaviour is such that the person intending to sell or give possession of the firearm believes or has reasonable cause to believe that the other person is incapable of exercising responsible control over the firearm.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     A person commits an offence if—

        (a)     the person occupies, operates or manages a shooting range; and

        (b)     someone else (the attending person ) possesses, carries or uses a firearm at the shooting range; and

        (c)     either—

              (i)     the person knows, or believes on reasonable grounds, that the attending person—

    (A)     is under the influence of alcohol or a drug; and

    (B)     would not be able to exercise responsible control over the firearm; or

              (ii)     the person believes on reasonable grounds that, because of the attending person's behaviour, the attending person would not be able to exercise responsible control over a firearm; and

        (d)     the person does not take all reasonable steps to ensure that the attending person does not take part in a shooting activity at the range.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     In this section:

"physical possession"—see section 10 (1) (a).



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