Re: Gun Question CLARIFICATION (WAS Re: Oh Well)

[Guest guest]

I'll have to defer to Wes on this. Not sure what the current situation with

preemption is.

GG

[Guest guest]

From my understanding, there's a mishmash on which governmental entities can

preempt state law. It's different for cities, counties, and districts.

-Wes

[Guest guest]

lnmolino@... wrote:

>

> Is the back of an ambulance a " GUN FREE ZONE " or what ever you call those

> areas that display the aforementioned graphic of " NO GUNS " under Texas

> law? Or

> can a CITY or COUNTY set such a regulation?

There is the " official " answer, and then there are the gray-area

technicalities which are best left to Wes or Gene.

The official answer is that there is no law specifically prohibiting

otherwise legally carried weapons on an ambulance. If it is legal for

you to carry a weapon, that does not change when you are on an ambulance.

Of course, if your authorization comes from a CHL license as opposed to

a peace officer license, you are prohibited from carrying it onto

hospital or school grounds. In practicality, that would rule out your

ability to carry it on duty, even if your CHL is current and your

employer allows it. Therefore, a paramedic carry provision would have

to be specifically enacted by law. Fat chance.

Rob

[Guest guest]

The Texas Constitution does grant the Legislature the right to " regulate the

wearing of arms. " Hence, a home rule city would probably have the right to

regulate as well, considering that a home rule city has a great deal of

flexibility in its authorities.

-Wes

[Guest guest]

> >From my understanding, there's a mishmash on which governmental

> entities can

> preempt state law. It's different for cities, counties, and districts.

Wes, would the fact that it is a so-called " right " to carry which is

granted by the state, and affirmed by the state constitution have any

bearing upon preemption? For example, speed limits are freely

preemptable, but they also do not challenge any constitutionally

affirmed " rights. " But with carrying, any preemption could be readily

interpreted as such an unconstitutional challenge, no?

Just a thought.

Rob

[Guest guest]

Phil Reynolds wrote:

> Nobody, and I mean no-body, gets in my

> truck armed.

Nice theory, but when the day comes that the officer calls your bluff,

you're going to lose. You will lose the argument, and if you push it,

you may lose your job too.

Not to mention that this sort of attitude can hurt us all in the long

run. Keep it up and then don't be surprised when you start hearing a

lot of " NOBODY, and I mean no-body enters my crime scene, " and " NOBODY,

and I mean no-body (with a red patch) exceeds 5mph over the limit in my

city " from your local officers.

It's pointless.

Rob

[Guest guest]

Don't let Phil get under your skin...for one he doesn't even have an

ambulance!!! Just a BRT backed up to an airport that is missing

btw, he wasn't referring to Law Enforcement, the discussion was about

patients and crew members. You can't keep a police officer from carrying his

weapon while on duty...everyone knows that!

Re: Gun Question CLARIFICATION (WAS Re: Oh Well)

> Phil Reynolds wrote:

> > Nobody, and I mean no-body, gets in my

> > truck armed.

>

> Nice theory, but when the day comes that the officer calls your bluff,

> you're going to lose. You will lose the argument, and if you push it,

> you may lose your job too.

>

> Not to mention that this sort of attitude can hurt us all in the long

> run. Keep it up and then don't be surprised when you start hearing a

> lot of " NOBODY, and I mean no-body enters my crime scene, " and " NOBODY,

> and I mean no-body (with a red patch) exceeds 5mph over the limit in my

> city " from your local officers.

>

> It's pointless.

>

> Rob

>

>

>

>

>

>

>

[Guest guest]

Not wanting to sound stupid but nobody but a cop is on my unit with a gun

and if the cop is the patient he gets unarmed and the equipment left with

his buddies.

Gun Question CLARIFICATION (WAS Re: Oh Well)

> The only occasion I can think of where someone could be allowed on

> the ambulance with a weapon would be a certified law enforcement

> officer who was also an EMT and either moonlighting or volunteering

> time with EMS.

>

>

> > The Texas Constitution does grant the Legislature the right

> to " regulate the

> > wearing of arms. " Hence, a home rule city would probably have the

> right to

> > regulate as well, considering that a home rule city has a great

> deal of

> > flexibility in its authorities.

> >

> > -Wes

> >

> >

> >

[Guest guest]

the back of my ambulance is what I say it is. Policemen excepted.

Gun Question CLARIFICATION (WAS Re: Oh Well)

> > Are you sure? I was thinking that Molino's suggestion that the

> > ambulance was a " GUN FREE ZONE " was the tongue-in-cheek post!

> >

> > After a year in Texas you'd think I'd know not to mess with a GUN

> RIGHTS

> > issue!

> >

> > In all seriousness and forgetting the thing about LPs carrying guns

> which I

> > think was Tongue in Cheek here is my question restated.

> >

> > Is the back of an ambulance a " GUN FREE ZONE " or what ever you call

> those

> > areas that display the aforementioned graphic of " NO GUNS " under

> Texas law? Or

> > can a CITY or COUNTY set such a regulation?

> >

> > This point came up in my EMT-I and was never answered to any degree of

> > satisfaction to me and I let it drop but now I'm wondering?

> >

> > I got almost the same reaction when I referred to College Station as

> being in

> > East Texas. (I know, I know we are west of Route 59).

> >

> > Anyway my above question is a serious one so someone edumacate this

> damn

> > Yankee?

> >

> > Thank you.

> >

> > Louis N. Molino, Sr., CET

> > FF/NREMT-B/FSI/EMSI

> > LNMolino@a...

> > (Home Office)

> >

> > " A Texan with a Jersey Attitude "

>

>

> I am not aware of any State law that states firearms are prohibited in

> an ambulance. With that said, most EMS providers have a policy

> against carrying firearms, chemical weapons, batons, edged weapons,

> etc. on their property and ambulances. The policy doesn't make it

> illegal, but you could suffer disciplinary action with your service.

> The pretty signs you see posted outside hospitals, nursing homes,

> night clubs, etc. are there to address individuals that possess a

> concealed hand gun license and carrying a firearm. These are posted

> according to Texas State law. Counties and cities can create laws and

> ordinances that are stricter than the State law. When in doubt ask

> your employer and local law officials about the policy, ordinance or

> law concerning carrying firearms on the ambulance since it changes

> from place to place.

>

> I hope that this answers your question. If anyone else would like to

> add to this feel free.

>

> -Bill

>

>

>

>

>

>

>

[Guest guest]

Silsbee EMS wrote:

>

> the back of my ambulance is what I say it is. Policemen excepted.

Then I recommend that you get with your director, city manager, and city

attorney and have them address this policy officially and in writing

before it comes up in practice. Otherwise, again, you may have very

little ground to stand on when it happens.

Are you really going to REFUSE service to somebody whom you have

established a professional (medic-patient) relationship with? I hope

you have an alternate career lined up for after you are decertified for

abandonment.

Rob