South Australian Consolidated Acts

FIREARMS ACT 1977 - SECT 29

29—Handling firearms when under the influence

        (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 or chamber or the magazine of the firearm; or

            (b)         the person is handling or is carrying with him or her ammunition that can be used in the firearm.

Maximum penalty: $10 000 or imprisonment for two years.

        (2)         A person who transfers possession of a firearm to a person 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 or chamber or the magazine of the firearm; or

            (b)         the person to whom possession of the firearm has been transferred is handling or is carrying with him or her ammunition that can be used in the firearm.

Maximum penalty: $10 000 or imprisonment for two 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.