bladeracer wrote:Police have no reason to attempt to prove you are under the influence if you say you are, and you haven't committed any offence...if anything they would have to attempt to prove you were mistaken or lying, which seems entirely pointless....
Yes, I've stated several times that drink driving laws are very different from firearm laws, and very specific...
Again, if I tell a Police officer that I have ingested intoxicating substances that _I_ feel may impair my abilities to deal with him, why would he even attempt to prove otherwise? Why would he not simply make a appointment for a time to return at my convenience? Why is believing I am impaired not "reasonable" to avoid an _unannounced_ inspection? Why is it not reasonable that _I_ prefer to keep my safe keys somewhere safe rather than have them in my possession in that situation? It's certainly reasonable to not drive a vehicle if I believe I'm impaired in any way. My advice if you feel you may be intoxicated _at any level_ would be to politely refuse to enter into any discussion with Police, talking with Police can too easily bite you in the bum, even when totally sober. Simply state that you believe you are too impaired to deal with him at that time and ask him to set a date and time for the inspection. Claiming to be intoxicated while greeting Police for a prearranged inspection would be a very, very bad idea I think.
I think your confusion is due to not understanding the different laws in play and what certain words mean.
Police power to inspect the safe keeping and storage facilities for the firearm is section 19(2)(c) of the Act which is
Firearms Act section 19(2)(c)
the licensee must, in accordance with such arrangements as are agreed on by the licensee and the Commissioner, or, in the case of a licensed firearms dealer, at any reasonable time, permit inspection by a police officer (or such other person as may be prescribed by the regulations) of the licensee's facilities in respect of the storage and safe keeping of the firearms in the licensee's possession,,
In simple terms this means the police can inspect the facilities in respect to the storage and safe keeping of the firearms in the licensee's possession at a mutually agreed time. This power is only to inspect the facilities in respect of storage and safe keeping of firearms, not to inspect the firearms themselves and must be done at a mutually agreed time.
This means if you have made a mutually agreed time, you must allow inspection.
If you do not allow this inspection to take place, you have breached you licence conditions. Now depending on the circumstances as to why you refused or couldn't comply with the inspection, will dictate the action the police will take. ie if you're in hospital because you got hit by a bus vs you decided to get drunk prior to the inspection and then used it as an excuse not to allow access. (this excuse could also end up getting a prohibition order issued against you)
There is nothing in this law requiring you to handle or use the firearms when complying with this request.
Now Police also have the separate power to require you to produce a firearm for inspection
Firearms Act section 37
(1) The person in whose name a firearm is registered:
(a) must produce the firearm for inspection by a police officer at any reasonable time when requested to do so by the officer
I have explained already that reasonable time is in relation to a point in time, not a circumstance.
Now again, there is no lawful excuse not to comply with this request as long as its done at a reasonable time. This request is often made in conjunction with exercising the above powers in section 19 at the time of a storage inspection.
An important word in this section is "produce" in law it means to bring forward; to show or exhibit; to bring into view or notice
Again there is nothing in this law requiring you to handle or use the firearms.
Then we have the laws about restrictions where alcohol or other drugs concerned
Firearms Act section 64,
A person must not handle or use a firearm while the person is under the influence of alcohol or any other drug.
The important words here are "handle or use" I don't think I need to explain what these mean.
So with the above laws explained, you will see that being under the influence is not a lawful excuse to comply with section 19 or 37, as you can do both without handling or using a firearm.
If you are under the influence and the police turn up at a reasonable time and make a request under section 37, you are still required to comply. If the police suspect your under the influence or you make admissions as such, the police will not (should not) allow you to handle or use the firearms when complying with section 37 and you should not handle them of your own accord (as its an offence) but you can be required to still "produce" them and its an offence if you don't.
bladeracer wrote:A very quick example of how Police will manipulate what you say. Many years ago I was convicted for a wheelie on a single word (this occurred in court so I assume is on the record). He claimed I did a wheelie, my first response was that I didn't think I had (I still don't believe I did as it occurred in fairly heavy city traffic, but he didn't pull me up until 2000m down the road, by which time I couldn't recall anything untoward having happened). He used my word "think" to show that I was not certain I hadn't done it...case closed. If an officer claims you did something, state that you did not, not that you don't think you did
To protect public safety from such dangerous disdain for the law, he said I should expect a summons, and sent me on my way...and three months (of riding every day) later we went to court....
Yes "I don't think" in legal issues means "I don't remember but I may have." but a good example about understanding the usage of words in law.