Drinking after shooting?

Questions about New South Wales gun and ammunition laws. NSW Firearms Act 1996.

Re: Drinking after shooting?

Post by bladeracer » 21 Dec 2022, 7:40 pm

bigpete wrote:Booze and guns don't mix.....simple as that.


I'm with you Pete, except I don't see any reason to mix alcohol with life at all, just makes no sense to me.
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Re: Drinking after shooting?

Post by bigpete » 21 Dec 2022, 7:54 pm

bladeracer wrote:
bigpete wrote:Booze and guns don't mix.....simple as that.


I'm with you Pete, except I don't see any reason to mix alcohol with life at all, just makes no sense to me.


I don't mind a drink,occasionally. Used to drink more but in the end its not that much fun. I never could understand why people travel to beautiful places in the bush just to get drunk. I can understand having an ice cold beer after a hard days work,but getting pissed all the time makes zero sense.
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Re: Drinking after shooting?

Post by Lsfan » 21 Dec 2022, 8:48 pm

I am not the type of person that would get stupid drunk and use firearms, especially because my only use is target practice at a range, but I have considered going for a beer afterwards with lunch.
So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.
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Re: Drinking after shooting?

Post by Lsfan » 21 Dec 2022, 9:07 pm

bladeracer wrote:
bigpete wrote:Booze and guns don't mix.....simple as that.


I'm with you Pete, except I don't see any reason to mix alcohol with life at all, just makes no sense to me.

I also agree that it paints a certain picture. In terms of alcohol generally, I do like to have a few beers, especially in social situations. It does allow people to relax and open up a little, but I also do enjoy the vast range of flavours in beers nowadays. So many to.choose from.
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Re: Drinking after shooting?

Post by mchughcb » 21 Dec 2022, 9:16 pm

bigpete wrote:
bladeracer wrote:
bigpete wrote:Booze and guns don't mix.....simple as that.


I'm with you Pete, except I don't see any reason to mix alcohol with life at all, just makes no sense to me.


I don't mind a drink,occasionally. Used to drink more but in the end its not that much fun. I never could understand why people travel to beautiful places in the bush just to get drunk. I can understand having an ice cold beer after a hard days work,but getting pissed all the time makes zero sense.


You've never hunted with Leon then. He'll drive anybody to drink and the more I drink the less I hear of him.
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Re: Drinking after shooting?

Post by Fionn » 21 Dec 2022, 11:19 pm

Lsfan wrote:So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.


No you are not breaking the law.
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Re: Drinking after shooting?

Post by Boundry Rider » 22 Dec 2022, 12:25 am

Fionn wrote:
Lsfan wrote:So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.


No you are not breaking the law.


You’ll lose your firearms in WA for this.
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Re: Drinking after shooting?

Post by Oldbloke » 22 Dec 2022, 12:45 am

A good reminder that each state varies.
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Re: Drinking after shooting?

Post by Billo » 22 Dec 2022, 8:41 am

Under the influence generally means 0.05 and above in Australia.

As a rule I don't mix the 2 and when reloading I definitely don't touch the grog, too much at stake :drinks:
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Re: Drinking after shooting?

Post by Fionn » 22 Dec 2022, 9:29 am

Boundry Rider wrote:
Fionn wrote:
Lsfan wrote:So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.


No you are not breaking the law.


You’ll lose your firearms in WA for this.


I highly doubt that WA have a zero BAC law in this regard. The law would most likely be similarly worded as other states.

What does the actual law say?
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Re: Drinking after shooting?

Post by geoff » 22 Dec 2022, 12:10 pm

Fionn wrote:
Boundry Rider wrote:
Fionn wrote:
Lsfan wrote:So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.


No you are not breaking the law.


You’ll lose your firearms in WA for this.


I highly doubt that WA have a zero BAC law in this regard. The law would most likely be similarly worded as other states.

What does the actual law say?

s23(2) of the Act

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Re: Drinking after shooting?

Post by Fionn » 22 Dec 2022, 1:17 pm

So WA laws are pretty much the same as other states and not a zero BAC.
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Re: Drinking after shooting?

Post by Boundry Rider » 22 Dec 2022, 2:36 pm

Ffs
... define "affected"?
Alcohol in the bloodstream.

If I have a beer in hand, I can refuse a firearms/ gunsafe inspection.

.05 is related to traffic legislation. Everything else here in WAlcatraz is governed at the level of "discretion of Police"
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Re: Drinking after shooting?

Post by Fionn » 22 Dec 2022, 4:17 pm

Boundry Rider wrote:Ffs
... define "affected"?
Alcohol in the bloodstream.

If I have a beer in hand, I can refuse a firearms/ gunsafe inspection.

.05 is related to traffic legislation. Everything else here in WAlcatraz is governed at the level of "discretion of Police"


Affected isn't just simply alcohol in the blood or breath, its a question of fact and degree based on evidence. This is applied and interpreted based on common law and precedents.
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Re: Drinking after shooting?

Post by mchughcb » 22 Dec 2022, 4:52 pm

Yes
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Re: Drinking after shooting?

Post by dnedative » 22 Dec 2022, 5:01 pm

Fionn wrote:
Gamerancher wrote:The grey area is when you get home and want to put them away. It's not clear if you have to be zero or under 0.05.


It's not a quantified measurement, the requirement is not be under the influence.

Which is a question of fact.


Police would have to prove you were affected by alcohol to determine you were under influence and that's impossible without some form of (sometimes circumstantial) evidence. If they breath tested you and your BAC was under 0.05 I think the question ends there and then, not really sure a persecutor would want to test that at court given the legal precedent that 0.05 BAC has established for the line in the sand when it comes to being under the influence. The Micheal Diamond case was somewhat helpful to the public as well, being drunk around secured firearms even if they are in the boot of your car has been deemed to not be a crime.

If your on your own private property you can refuse a breath test without any legal recourse; The police will then have to rely on other evidence to build a case that your under the influence (how you act, motor skills, what you smell like, CCTV from the pub where you had 20 scoohners in 2 hours etc).
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Re: Drinking after shooting?

Post by Boundry Rider » 22 Dec 2022, 7:10 pm

In WA firearms are only secure in the owners gun cabinet or safe keeping by dealer or police.
EVERYWHERE else, and in every other instance other than stolen you are deemed being in possession.
I’ve had this discussion 10 years ago with WAPOL firearms branch.
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Re: Drinking after shooting?

Post by dnedative » 22 Dec 2022, 9:16 pm

Knowing what WA is like I wouldnt be surprised when you wont be allowed to own anything let alone a cap gun in a few years time.
Last time I flew over the joint I was terrified the plane would have a minor issue and they would land in Perth to get it looked at and we would be marched off to some camp at gunpoint for two weeks at our own expense.
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Re: Drinking after shooting?

Post by Fionn » 22 Dec 2022, 9:57 pm

Boundry Rider wrote:In WA firearms are only secure in the owners gun cabinet or safe keeping by dealer or police.
EVERYWHERE else, and in every other instance other than stolen you are deemed being in possession.
I’ve had this discussion 10 years ago with WAPOL firearms branch.


Its a simplistic way of explaining it, not necessarily correct but gets the general point across in a way people understand.

BTW the firearms are also in your possession when in the gun safe, given your view on the law, let that sink in for a bit.
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Re: Drinking after shooting?

Post by mchughcb » 22 Dec 2022, 10:24 pm

Yes
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Re: Drinking after shooting?

Post by Amityville » 26 Dec 2022, 1:05 pm

Fionn wrote:
Boundry Rider wrote:
BTW the firearms are also in your possession when in the gun safe, given your view on the law, let that sink in for a bit.


That's stretching it a bit there!

If that were the case then all of his majesty's finest officers would be need to be sober at all times as they are in possession of their service weapons [locked in a safe]
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Re: Drinking after shooting?

Post by Fionn » 26 Dec 2022, 3:12 pm

Amityville wrote:
Fionn wrote:
Boundry Rider wrote:
BTW the firearms are also in your possession when in the gun safe, given your view on the law, let that sink in for a bit.


That's stretching it a bit there!

If that were the case then all of his majesty's finest officers would be need to be sober at all times as they are in possession of their service weapons [locked in a safe]


You really have to wonder about some people :unknown:
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Re: Drinking after shooting?

Post by Amityville » 26 Dec 2022, 6:06 pm

Fionn wrote:
Amityville wrote:
Fionn wrote:
Boundry Rider wrote:
BTW the firearms are also in your possession when in the gun safe, given your view on the law, let that sink in for a bit.


That's stretching it a bit there!

If that were the case then all of his majesty's finest officers would be need to be sober at all times as they are in possession of their service weapons [locked in a safe]


You really have to wonder about some people :unknown:


A continuation of your logic pointing out how ridiculous it is - I agree, makes your wonder

On another note, though the law states 0.05 for drink driving, our company vehicle insurance is 0.00 limit, wonder if it would be same for all claims
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Re: Drinking after shooting?

Post by AS30N » 18 Jan 2023, 5:59 pm

Fionn wrote:
Boundry Rider wrote:
Fionn wrote:
Lsfan wrote:So basically if I got home with a low level of alcohol and take the gun out of the car to put it I the safe, I'm breaking the law regardless of how I feel or how low my level is.



No you are not breaking the law.


You’ll lose your firearms in WA for this.


I highly doubt that WA have a zero BAC law in this regard. The law would most likely be similarly worded as other states.

What does the actual law say?



I am pretty sure if you can legally drive, you can transport guns in WA. Just go to any WAPA service pistol open and/or state champ. Alcohol is available for purchase after the shoot. My old WA pistol club (I am in NSW now) has a sport event permit to sell alcohol too, I visit them last August and they still got it.
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Re: Drinking after shooting?

Post by JohnV » 18 Jan 2023, 6:36 pm

It all comes down to what the Police consider as being in physical possession of a firearm and using that firearm . If the guns are locked away in a container and the ammo stored separately in a locked container then it would be hard to say in court you were in possession of or using any firearm . The president in court would be that you can legally drink at home when your guns are legally safely secured .
It's an area I have never looked into deeply because I never drink alcohol anyway so it does not concern me . However many Police do not know the new firearms act or are still thinking the old rules and regulations from the old act and confusion is common . Predicting what the Police may or may not do is difficult and risky but a lot of charges get dropped or beaten in court because they were not consistent with the act anyway because it's so hard to understand , which is what the judge goes by . If your on private property then the Police need to have a warrant or some reasonable suspicion or some complaint to enter onto the lands other than directly to the front door anyway . Lock the guns and ammo up and have a few beers I can't see a problem on private property .
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Re: Drinking after shooting?

Post by Biscuits » 17 Jun 2023, 5:01 pm

FYI, the club I shoot at in Europe has a bar.

Very common to have a beer after shooting, then drive home. Obvs under the drink drive limit.

Australia sure does like lots of rules.
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Re: Drinking after shooting?

Post by Oldbloke » 17 Jun 2023, 6:25 pm

Didn't Russel Mark get booked for that and 12g was locked away?

Happy to be corrected.
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Re: Drinking after shooting?

Post by No1Mk3 » 18 Jun 2023, 3:27 am

Oldbloke wrote:Didn't Russel Mark get booked for that and 12g was locked away?

Happy to be corrected.


To correct the record, no he wasn't. You are thinking of Michael Diamond who was convicted of high range drink driving, handling a firearm whilst intoxicated, failing to secure a firearm and failing to secure ammo after an altercation with his brother. The firearms charges were dismissed on appeal.
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Re: Drinking after shooting?

Post by Wallaby stew » 18 Jun 2023, 6:45 am

We always had a couple of beers at the range after a shoot, we had a fridge and that's what it was for.
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Re: Drinking after shooting?

Post by womble » 18 Jun 2023, 9:10 am

I dream of a world where chickens can cross the road without having their motives questioned
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