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Offences

Restrictions where alcohol or other drugs concerned

Offence title:

Restrictions where alcohol or other drugs concerned

Act:

64 Firearms Act (NSW)

Offence:

(1)   A person must not handle or use a firearm while the person is under the influence of alcohol or any other drug.

(2)   A person must not supply or give possession of a firearm to another person:

  1. 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
  2. if the other person’s appearance or behaviour is such that the person intending to supply 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.

Penalty:

(1)   Imprisonment for 5 years.

(2)   Imprisonment for 5 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

(1)   On a camping trip Person A consumes several cans of beer and then goes pig shooting with a rifle.

(2)   Person B is with Person A on a camping trip, when A drinks alcohol and becomes affected. B provides a firearm to A to go pig shooting.

Important note:

  

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