HB56. Who does it apply too?

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nightmare69
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HB56. Who does it apply too?

Postby nightmare69 » Thu Dec 29, 2016 7:21 pm

HB56 (Flynn, R, A+) Relating to the carrying of a handgun by a first responder engaged in the actual discharge of the first responder's duties.
Impact: Renders 30.06 and 30.07 signs unenforceable as to first responders responding to a call.


What first responders, other than police, are allowed to carry firearms on duty? I don't see firefighters carrying for obvious reasons. Fire and live ammo don't mix.

I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics. I'm sure dept policy prevents them both from being armed also.

Other than small volunteer depts, who will this benefit?
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Re: HB56. Who does it apply too?

Postby carlson1 » Thu Dec 29, 2016 7:35 pm

nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.
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Re: HB56. Who does it apply too?

Postby nightmare69 » Thu Dec 29, 2016 7:47 pm

carlson1 wrote:
nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.


Beats me, heard it from some hose draggers. They said since their ambulance contains narcotics they cannot carry a firearm because it could be viewed as drug trafficking.
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Re: HB56. Who does it apply too?

Postby carlson1 » Thu Dec 29, 2016 7:54 pm

nightmare69 wrote:
carlson1 wrote:
nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.


Beats me, heard it from some hose draggers. They said since their ambulance contains narcotics they cannot carry a firearm because it could be viewed as drug trafficking.

Other than what you mention in your first post about Company Policy I would think this would benefit the ambulance and fire. I would guess the liberal Cities like Dallas, Houston, Austin, etc. . . probably have a policy of no firearms. Maybe with this law passing there it would bar Cities from banning our first responders.
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Re: HB56. Who does it apply too?

Postby WTR » Thu Dec 29, 2016 8:09 pm

Reminds me of a video I saw many years ago. Game Wardens had setup a fake decoy deer and were video taping poachers. An ambulance drives by, stops, rifle protrudes out of a window and is fired a couple of times at the deer.


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Re: HB56. Who does it apply too?

Postby dhoobler » Thu Dec 29, 2016 8:15 pm

It affects first responders in the discharge of their duties. First responders are defined by Health and Safety code, section 161.0001 as:

(1-a) "First responder" means:
(A) any federal, state, local, or private personnel who may respond to a disaster, including:
(i) public health and public safety personnel;
(ii) commissioned law enforcement personnel;
(iii) fire protection personnel, including volunteer firefighters;
(iv) emergency medical services personnel, including hospital emergency facility staff;
(v) a member of the National Guard;
(vi) a member of the Texas State Guard; or
(vii) any other worker who responds to a disaster in the worker's scope of employment; or
(B) any related personnel that provide support services during the prevention, response, and recovery phases of a disaster.
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Re: HB56. Who does it apply too?

Postby Charles L. Cotton » Thu Dec 29, 2016 8:20 pm

HB56 adopts the definition of "first responder" found in Health and Safety Code §161.001.

Chas.

H&S Code §161.001(1-a) wrote:Sec. 161.0001. DEFINITIONS. In this subchapter:

(1-a) "First responder" means:

(A) any federal, state, local, or private personnel who may respond to a disaster, including:

    (i) public health and public safety personnel;

    (ii) commissioned law enforcement personnel;

    (iii) fire protection personnel, including volunteer firefighters;

    (iv) emergency medical services personnel, including hospital emergency facility staff;

    (v) a member of the National Guard;

    (vi) a member of the Texas State Guard; or

    (vii) any other worker who responds to a disaster in the worker's scope of employment; or

(B) any related personnel that provide support services during the prevention, response, and recovery phases of a disaster.
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Re: HB56. Who does it apply too?

Postby nightmare69 » Thu Dec 29, 2016 8:22 pm

carlson1 wrote:
nightmare69 wrote:
carlson1 wrote:
nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.


Beats me, heard it from some hose draggers. They said since their ambulance contains narcotics they cannot carry a firearm because it could be viewed as drug trafficking.

Other than what you mention in your first post about Company Policy I would think this would benefit the ambulance and fire. I would guess the liberal Cities like Dallas, Houston, Austin, etc. . . probably have a policy of no firearms. Maybe with this law passing there it would bar Cities from banning our first responders.



I agree they should be able to carry. I just don't see many depts allowing them to do so.
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Re: HB56. Who does it apply too?

Postby Charles L. Cotton » Thu Dec 29, 2016 8:25 pm

I wonder if H&S Code §161.001(1-a)(B) would apply to a ham operator providing emergency communications on-scene? Subsection (B) is quite broad and vague.

Chas.
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Re: HB56. Who does it apply too?

Postby nightmare69 » Thu Dec 29, 2016 8:28 pm

Charles L. Cotton wrote:HB56 adopts the definition of "first responder" found in Health and Safety Code §161.001.

Chas.

H&S Code §161.001(1-a) wrote:Sec. 161.0001. DEFINITIONS. In this subchapter:

(1-a) "First responder" means:

(A) any federal, state, local, or private personnel who may respond to a disaster, including:

    (i) public health and public safety personnel;

    (ii) commissioned law enforcement personnel;

    (iii) fire protection personnel, including volunteer firefighters;

    (iv) emergency medical services personnel, including hospital emergency facility staff;

    (v) a member of the National Guard;

    (vi) a member of the Texas State Guard; or

    (vii) any other worker who responds to a disaster in the worker's scope of employment; or

(B) any related personnel that provide support services during the prevention, response, and recovery phases of a disaster.


My wife is with the Texas State Guard. This will benefit her and other volunteers such as Red Cross.
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Re: HB56. Who does it apply too?

Postby ELB » Thu Dec 29, 2016 10:11 pm

nightmare69 wrote:
carlson1 wrote:
nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.


Beats me, heard it from some hose draggers. They said since their ambulance contains narcotics they cannot carry a firearm because it could be viewed as drug trafficking.


I don't doubt they told you this but it sounds like complete bunkum. How on earth would having an LTC and firearm and being licensed to dispense opioids according to the approved protocols constitute "drug trafficking." "Drug trafficking" can certainly be done without a firearm, and there are some EMS folks who have gotten themselves in trouble fiddling with the inventory, but having a LTC and firearm doesn't have anything to do with it.

Now, if they are working for a large city or a large corporation, I can see those entities being gun-phobic and reflexively banning employees from carrying guns -- and giving all kinds of spurious reasons for it. "Care givers, not fighters" "drug trafficking" and so on. :roll:

The vast majority of firefighters in Texas are volunteers, not paid, and I would bet that the same is true for medical first responders. For example, in our county, when anyone from the unincorporated county calls 911 for a medical response, the ambulance will come from the city Fire & EMS, but the local VFD will be toned out to provide medical first response, and will nearly always beat the ambulance (and most time the deputies as well) to the scene. Those first responders will provide as much medical care as they are trained and allowed to do by local protocol. I have often been the first and only responder on scene for several minutes, sometimes doing CPR or staunching bleeding (altho more usually just finding the correct address, taking a medical history, and penning up all the dogs!). This is a pretty common set up (paid ambulance, volunteer first responders), but there are also many places where the volunteer FD provides ambulance service as well.

We have schools in our district, and other districts have statutorily off-limits places as well, and it is not unheard of for us to ride the ambulance to the (posted) hospital as well, assist the ambulance crew in route. Several people in our department have LTCs, and our only rule about it is no open carry on scene.
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Re: HB56. Who does it apply too?

Postby TreyHouston » Fri Dec 30, 2016 12:21 am

I didn't realize TXSG was considered a "first responder". Thanks for the info!!
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Re: HB56. Who does it apply too?

Postby ScottDLS » Fri Dec 30, 2016 1:14 am

Charles L. Cotton wrote:I wonder if H&S Code §161.001(1-a)(B) would apply to a ham operator providing emergency communications on-scene? Subsection (B) is quite broad and vague.

Chas.


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Re: HB56. Who does it apply too?

Postby The Annoyed Man » Fri Dec 30, 2016 2:04 pm

nightmare69 wrote:
carlson1 wrote:
nightmare69 wrote:
I don't see EMS being able to carry either as I've heard of a federal law prohibiting carrying a firearm while in possession of narcotics.


What law? If you have had a surgery and taking a pain pill I don't know of a law that bands you from your using your LTC.


Beats me, heard it from some hose draggers. They said since their ambulance contains narcotics they cannot carry a firearm because it could be viewed as drug trafficking.

Perhaps there's a difference between having been prescribed a narcotic, and having your LTC/firearm on the one hand, and being a dispenser of narcotics and armed on the other hand?
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Re: HB56. Who does it apply too?

Postby jkurtz » Fri Dec 30, 2016 2:26 pm

Charles L. Cotton wrote:HB56 adopts the definition of "first responder" found in Health and Safety Code §161.001.

Chas.

H&S Code §161.001(1-a) wrote:Sec. 161.0001. DEFINITIONS. In this subchapter:

(1-a) "First responder" means:

(A) any federal, state, local, or private personnel who may respond to a disaster, including:

    (i) public health and public safety personnel;

    (ii) commissioned law enforcement personnel;

    (iii) fire protection personnel, including volunteer firefighters;

    (iv) emergency medical services personnel, including hospital emergency facility staff;

    (v) a member of the National Guard;

    (vi) a member of the Texas State Guard; or

    (vii) any other worker who responds to a disaster in the worker's scope of employment; or

(B) any related personnel that provide support services during the prevention, response, and recovery phases of a disaster.


Would this mean that the ER/ED staff at a posted hospital would be exempt from the posting?


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