Guns in EMS

[swn919]

This is strictly a fact finding post, I hope that this post can stay civil.

To start I have no opinion on the matter that I am about to ask on. I don’t do this, but if you do I say more power to you. Once again please keep this civil.

Is there or isn’t there any federal laws stating one way or the other that EMTs/Paramedics can or cannot carry guns while on duty? More specifically are there any laws in Texas that relate to the matter? The question has come up several times in the area(Texas) that I work in, some people say it’s not legal (but fail to provide proof), some people say it is legal( but once again fail to provide proof). So what I am looking for is proof one way or the other. Once again it does not affect me because I don’t carry a gun and if I wanted to I could afford the gun. So if you have any information please let me know.

Thanks

Edited April 20, 2009 by swn919

[fiznat]

I'm 99% sure there is no such federal law. I'm also not aware of any CT law that specifically prohibits EMS workers from carrying a weapon. A (Connecticut) law that might be applicable though is one that requires guns being transported in motor vehicles be unloaded and kept in a place "not readily or directly accessible from the passenger compartment" (CGS § 29-35). EMS workers wouldn't be able to carry guns on their person when driving, which is kinda a big portion of our work...

[spenac]

There are no laws against a gun in the ambulance in Texas. Some services will set policy against which is a bad idea as they open themselves up to lawsuit if a medic is shot and was denied right to properly defend themselves. But also keep in mind that hospitals in Texas are no carry zones so if you are carrying a concealed firearm you will need to secure it in a lock box in the ambulance prior to entering the hospital.

[VentMedic]

But also keep in mind that hospitals in Texas are no carry zones so if you are carrying a concealed firearm you will need to secure it in a lock box in the ambulance prior to entering the hospital.

Hospitals are not the only no carry zones. For many states, including Florida, if you have a concealed weapons permit and it is of nonprofessional status, there is a long list of public places that a weapon can not be carried.

If your company is aware of you carrying, they will be held liable for your actions while you are wearing their uniform. If you are carrying it for personal reasons and have not made your company aware, the company and union may leave you hanging to pay your own legal expenses if something goes wrong or you are caught carrying the weapon in a no carry zone.

This has already be tried in Miami back when the violence in the streets may have justified a gun. You get caught with a gun while in uniform, either Fire or EMS, you lose your weapon and face the penalities for carryng in a no carry zone as well as whatever state laws you have broken for the concealed weapons permit. Also, if you fail to secure your weapon properly when not carrying, you may be held severely responsible for the consequences.

Put serious thought into it before you carry a gun. Just because you think you can doesn't mean you should.

Good video which has been playing alot on TV:

If I Only Had A Gun

http://abcnews.go.com/Video/playerIndex?id=7310933

[FireMedic65]

Why would you want to carry a gun on the ambulance anyway? As Vent said, hospitals along with many other places are no carry zones. If you have a firearm on your person, going into a hospital, or one of those other locations you are opening up a can of worms for not only yourself, but your employer as well. A LEO may enter these locations with a firearm, when on duty.

[VentMedic]

Here are a couple of states that have addressed this:

Oregon

http://www.oregon.gov/DHS/ph/ems/docs/2009...onsLetter4a.pdf

MN

http://www.emsrb.state.mn.us/docs/May_2003-31.pdf

So before one tells someone else it is their right to bear arms, one should know that state's laws and how they pertain to EMS or the employer of the person you are advising. Unlawful carry can also be a career ender and I doubt seriously if anyone on this anonymous forum who told you otherwise will pay your court expenses.

My advice to the OP is to ask your EMS office, your employer and the state office that administers Concealed Weapons permits. Don't just take advice off the internet from people who have strong feelings about certain issues regardless of whether they are right or wrong.

Edited April 20, 2009 by VentMedic

[spenac]

My advice to the OP is to ask your EMS office, your employer and the state office that administers Concealed Weapons permits. Don't just take advice off the internet from people who have strong feelings about certain issues regardless of whether they are right or wrong.

Good advice. Even though I am aware of Texas law my answers would not provide defense in court. You need to get the written policy's and laws so if something happens either way you are protected. If the policy says no and you are harmed because of it you can sue and show written proof of the denial of right to defend. If you are carrying in a place that you are legally allowed and ticketed or arrested you can show the law in court and have it thrown out and if need be sue for lost pay etc. Yes I am in a law suit mood today.

[Chief1C]

I'd suggest, if you want to carry a gun for protection, that you became a cop.

[FireMedic65]

I'd suggest, if you want to carry a gun for protection, that you became a cop.

What fun is that then?

[VentMedic]

Good advice. Even though I am aware of Texas law my answers would not provide defense in court. You need to get the written policy's and laws so if something happens either way you are protected. If the policy says no and you are harmed because of it you can sue and show written proof of the denial of right to defend. If you are carrying in a place that you are legally allowed and ticketed or arrested you can show the law in court and have it thrown out and if need be sue for lost pay etc. Yes I am in a law suit mood today.

That lawsuit thing against employers didn't fly in Florida by the EMT(P)s and it probably hasn't held water in Texas either since there is a long list of no carry zones.

This is from the Texas statutes for Concealed Weapons.

GC §411.203. RIGHTS OF EMPLOYERS. This subchapter does not

prevent or otherwise limit the right of a public or private employer to

prohibit persons who are licensed under this subchapter from carrying

a concealed handgun on the premises of the business.

Edited April 20, 2009 by VentMedic