HB435 Volunteer Emergency Svces Carrying

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Daddio-on-patio
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Re: HB435 Volunteer Emergency Svces Carrying

Postby Daddio-on-patio » Fri May 11, 2018 9:55 am

NotRPB wrote:So while fighting a fire side by side, Volunteer Firemen can carry but the city employed Firemen can't?[/b][/color]


Each department sets their SOP's. Per the law, as I understand it, a volunteer responder may carry where we are generally prohibited. Schools, past .06/.07 signs, etc while performing duty. A paid department may allow personnel to carry but the law specifically excludes paid responders from the same privilege (scarry using that word on the forum at times) as volunteers. So, in particular situations, the answer is yes. Regrettably.
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RoyGBiv
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Re: HB435 Volunteer Emergency Svces Carrying

Postby RoyGBiv » Fri May 11, 2018 10:00 am

NotRPB wrote:So while fighting a fire side by side, Volunteer Firemen can carry but the city employed Firemen can't?

The City can give their permission for the full-time FF's to carry.
The VFD has a "defense to prosecution" for being "Volunteer Emergency Services" providers.

This is my OPINION. I am not a lawyer. This is not legal advice.
I am not a lawyer. This is NOT legal advice.!
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srothstein
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Re: HB435 Volunteer Emergency Svces Carrying

Postby srothstein » Sun May 13, 2018 11:32 pm

RoyGBiv wrote:The City can give their permission for the full-time FF's to carry.
The VFD has a "defense to prosecution" for being "Volunteer Emergency Services" providers.

This is my OPINION. I am not a lawyer. This is not legal advice.


Inside the fire station, on trucks, or while fighting fires on property that i snot posted 30.06 or 30.07, both organizations can decide whether or not to let the employees carry as part of their personnel regulations. Neither decision can change the law though and carrying in these cases would generally not be illegal (the volunteer fire station might be posted legally though, the city owned one cannot be).

The interesting part comes when at a fire on property that is properly posted. Both sections 30.06 and 30.07 have a defense to prosecution for the volunteers.The definition of volunteers specifically says "volunteer firefighter". This means that a professional firefighter on a call, carrying a firearm based on his LTC, cannot legally carry past a proper 30.06/07 sign while the volunteer carrying the hose next to him can.

A very unusual situation, but that is how I read the law.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby SRO1911 » Mon May 14, 2018 12:22 pm

While I have yet to hear of a test case, the opportunity is there.
It was a relief to me knowing it was there a few weeks ago, as I carried an ekg and jump bag past a very legal 06/07 pair on private property. Prior to 435 I had already decided for myself that duty to act was more pertinent than a misdemeanor trespass charge.
Now there's no decision.
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