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Section 38: Persons under the influence of alcohol or drugs

Firearms Act

consolidated text (as at 2014, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

38. Persons under the influence of alcohol or drugs (1) A person who handles, or uses, a firearm while under the influence of intoxicating liquor or a dangerous drug to such an extent as to be incapable of exercising effective control of the firearm shall commit an offence where— (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 ammunition that can be used in the firearm. (2) A person who transfers possession of a firearm to a person who is under the influence of intoxicating liquor or a dangerous drug to such an extent as to be incapable of exercising effective control of the firearm shall commit an offence where— (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 ammunition that can be used in the firearm. (3) Without limiting subsection (1) or (2), a person is incapable of exercising effective control of a firearm where, owing to the influence of intoxicating liquor or a dangerous drug, the use of any mental or physical faculty of that person is lost or appreciably impaired. (4) A person found guilty of an offence under subsection (1) or (2) shall be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years.

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