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Role of EMS/EMT Personnel in Securing Handgun During Emergency

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SemperFiGuy:
Most CHPs Acknowledge the Right of LEOs to Temporarily Take Handgun Custody From CHPs During an Emergency

Some CHPs have indicated a less-than-clear understanding of the role of EMS/EMT personnel during emergencies, such as road accidents.

Here's the law on the books:
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002 DEFINITIONS
002.06 “Emergency services personnel” shall mean a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act (Nebraska Revised Statutes §§ 38-1201 et seq.

021 PROCEDURES FOR PEACE OFFICERS AND EMERGENCY SERVICE PERSONNEL ENCOUNTERING A HANDGUN
021.01 Peace officers or emergency services personnel may determine whether it is necessary to secure the handgun for the safety of any person present, including the peace officer or emergency service personnel, and may order the permit holder to secure or surrender the handgun.

021.02 The handgun shall be returned to the permit holder before the contact is ended if the peace officer or the emergency service personnel determine that there is no threat to anyone’s safety and that the permit holder is physically and mentally capable of possessing the handgun.

021.03 If emergency services personnel determine that the permit holder is not capable of possessing the handgun or if the permit holder is transported to another location for treatment.   The peace officer shall provide the permit holder with a receipt for the handgun which included the make, model, caliber, and serial number of the handgun.
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A Forum member who is also an EMT has agreed to share his insights on this forum.

He--along with any other fellow EMT--is now invited to share his/these insights, opinions, understandings, organizational instructions, experiences, and information which will increase the understanding among us CHPs on this issue.


sfg

unfy:
Totally informal / personal experience notes, not from someone who works as LEO / EMT:

When I flipped my truck after Chris Z's course (near Syracuse, NE), the LEO and EMT's and hospital staff were real nice and friendly concerning the firearm in the truck etc.  EMT staff during the ambulance ride and nurses and doc at hospital didn't care about the empty holster in pants.

The LEO brought the weapon case to my hospital room, even left it (in it's briefcase style lock) at the foot of my bed hehehehe.  I think, at least.  It's possible the hospital staff secured it for check out.  LEO / myself discussed what kind of weapon it was, my opinions of it, etc.


Sometime... in the last year or two, I ended up driving myself to the newish bellevue hospital near 25th and 370.  Walked into the ER check in, started talking to receptionist about severe chest pain etc.  Realized I still had my weapon on me.  Offered to take it back out to the truck, but they didn't want me to leave.  They called the guard over, escorted me to the other side of the reception area where they have a safe.  I was told to disarm and unload the weapon and place it into the safe.  I did so, but asked if they would be so kind as to rack the slide to remove the chambered round (i barely had the strength to do so)... but they refused for legal reasons (prints / used in a crime possibilities). Managed to do so while trembling and was escorted to a normal room.

After my visit (wasn't serious thankfully), guard and nurse unlocked, the safe, i re-armed myself and walked out the door.  Turns out the reception check in lady (or nurse? she was in scrubs) also concealed carry and understood the weird situation I had placed myself in heh.

gsd:
As an EMT/FF as well as a CHP Holder, i inform the individual that i need to remove the firearm in order to render care, that it will be placed in the secured possession of a LEO, and returned to them upon the completion of aid/care/investigation.

Never had a problem in the 15+ calls involving a firearm in the vehicle.

EDIT: as a disclaimer, any "weapon" within reach could theoretically be used to harm us, and we as EMT's are not allowed to render aid until the scene is safe.

DaveB:
Once again, legal gun carriers are treated as if we are intent on causing harm to people trying to help us all because we have a permit to carry.

The law is the law, but I'll bet the ones without permits will be a lot less likely to inform an EMT that they are carrying.

gsd:
Dave, the scene safe thing is merely an extension of the existing protocols.

Case in point, my squad was called out for an altercation where the offender was still on scene. Not armed, but still on scene. I posted my rig a block away until that person had been detained.

We are taught ourselves first, then our partners, then the patients safety.

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