What would happen if....

What would happen if....

This is a discussion on What would happen if.... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; What would happen if while armed.......You were involved in a accident or had some other type of medical emergency and were rushed to a hospital ...

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Thread: What would happen if....

  1. #1
    Member Array tdd78's Avatar
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    What would happen if....

    What would happen if while armed.......You were involved in a accident or had some other type of medical emergency and were rushed to a hospital while incapacitated?

    I got to thinking about this after I spoke to an old college friend of mine the other day. We were talking and catching up on things, this was the first time I had seen her in years. We were doing the typical 'have you heard from so and so' and 'do you remember so and so' when she told me that someone we had gone to school with had been in a bad car accident and he and his wife had gotten messed up pretty bad.

    Well, later on I got to thinking. What would happen if I had to be rushed to a hospital? I am armed almost everytime I leave the house and I know that almost all the hospitals here in Kansas are marked as no carry zones (at least the ones around my area are). What would happen if I was taken to the hospital while armed, would they call the LEOs and if so would I get charged? (you can be charged with a misdomeaner in kansas for carrying while in a marked no carry zone). Would the ambulance even transport me while armed? presumably the paramedics would notice the firearm while provideing medical attention. Would they disarm me first or at the hospital and if so what would they do with the firearm? I'd hate to think about my firearm not being secured if such a situation occured.

    I am sure this situation has probably happened somewhere to someone, anyone ever heard how it was handled?


  2. #2
    VIP Member Array joker1's Avatar
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    Scary thoughts, thankfully I have no idea what would happen. I do know I would be pissed if I was charged or something happened to my weapon. Hopefully LEO at the scene can secure the firearm and get it back to you.

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  3. #3
    Member Array LRFireEMS's Avatar
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    I've never had that happen to me. I would have to say that in a situation when someone couldn't tell me they where armed, I would find the weapon though patient assessment. I believe if I found a weapon and the police where not still on scene, I would make sure it was safe, and place it with your other belongings.


    I wouldn't worry about being charged with a crime if you are a law abiding citizen that Just happens to have something unfortunate happen to them.

  4. #4
    Senior Member Array dairycreek's Avatar
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    Quote Originally Posted by tdd78 View Post
    What would happen if while armed.......You were involved in a accident or had some other type of medical emergency and were rushed to a hospital while in incapacitated?

    I got to thinking about this after I spoke to an old college friend of mine the other day. We were talking and catching up on things, this was the first time I had seen her in years. We were doing the typical 'have you heard from so and so' and 'do you remember so and so' when she told me that someone we had gone to school with had been in a bad car accident and he and his wife had gotten messed up pretty bad.

    Well, later on I got to thinking. What would happen if I had to be rushed to a hospital? I am armed almost everytime I leave the house and I know that almost all the hospitals here in Kansas are marked as no carry zones (at least the ones around my area are). What would happen if I was taken to the hospital while armed, would they call the LEOs and if so would I get charged? (you can be charged with a misdomeaner in kansas for carrying while in a marked no carry zone). Would the ambulance even transport me while armed? presumably the paramedics would notice the firearm while provideing medical attention. Would they disarm me first or at the hospital and if so what would they do with the firearm? I'd hate to think about my firearm not being secured if such a situation occured.

    I am sure this situation has probably happened somewhere to someone, anyone ever heard how it was handled?
    My wife was a registered nurse in emergency rooms for a number of years. I showed her this piece and her response was that every emergency room has protocols established for exactly this situation. There are rules, laws, and procedures (that may vary from ER to ER) to deal with this. She went on to say that once the gun has been removed from the emergency patient they do call the local police and, from there, it is up to them.
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  5. #5
    Member Array MedPig's Avatar
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    Quote Originally Posted by tdd78 View Post
    What would happen if while armed.......You were involved in a accident or had some other type of medical emergency and were rushed to a hospital while in incapacitated?
    Had it happen a few times while I was a medic. Since I was also a cop, I cleared it, tossed it into a clean sharps bin, and gave it to the local cops. No idea what happened to it after that, but a couple were on-duty cops from traffic accidents, so I know those weren't destroyed. As for anyone else, who knows...
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  6. #6
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    around here if officers are on scene the ambulance crew will give the weapon to us to secure and we get it to a family member at the scene or at the hospital, if nobody available we'll book it into our personal property at the PD and the owner can come get it when they're out of the hospital
    as for making to the hospital, like poster said above, hospitals have their own protocols, most of which involve calling us, and will be handled the same way, if transported in with the weapon it will be easily argued there were extenuating circumstances, I know none of our officers would file charges since they would use common sense
    that being said, the various jurisdictions around the country may handle it differently
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    Senior Member Array BkCo1's Avatar
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    If you are carrying legally you won't get charged. Medical people will secure it. It will be given back to you with your other valuables.
    There have threads on this before.
    Semper fi

  8. #8
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    I would think that the wapon would have to be itemized along with your other personal belonging and given back to you when you are discharged from the hospitol. Now , the weapon may need pick-up at your local law enforcement office.

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    You would get it back, after they run ballistics on it. Now you firearm is in the system. I have heard it's standard procedure or law to do this anytime a firearm is put in police possession.
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    Member Array Ticman's Avatar
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    Quote Originally Posted by 64zebra View Post
    around here if officers are on scene the ambulance crew will give the weapon to us to secure and we get it to a family member at the scene or at the hospital, if nobody available we'll book it into our personal property at the PD and the owner can come get it when they're out of the hospital
    as for making to the hospital, like poster said above, hospitals have their own protocols, most of which involve calling us, and will be handled the same way, if transported in with the weapon it will be easily argued there were extenuating circumstances, I know none of our officers would file charges since they would use common sense
    that being said, the various jurisdictions around the country may handle it differently

    My cousin is a paramedic that's married to a county deputy and that's how they handle it.

  11. #11
    Member Array ScubaDuba's Avatar
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    I always had an officer on scene secure the weapon. I have never worked for an EMS service that would allow weapons in the patient compartment. The ambulance is required to transport you, it is considered a duty to act.

  12. #12
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    The agencies I work for in NY have different protocols per the agencies. Some state that no one is to touch to gun unless you are a firearms instructor\police officer, others say put the firearm in the lockable compartment in the ambulance and if possible keep the weapon in the holster.
    Personally, I clear every firearm that comes into the back of my ambulance, especially if the patient it unconscious. As a first responder my concern would be a post dictal seizure patient or diabetic being confused and reaching for something before they fully understand I’m there to help. Once the weapon's unloaded and secured the Officer in Charge will take possession of the key and keep it on his person until law enforcement officers takes charge of the weapon. Oh I forgot the ammo is seperated from the firearm as well.

  13. #13
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    Quote Originally Posted by Ticman View Post
    My cousin is a paramedic that's married to a county deputy and that's how they handle it.
    Quote Originally Posted by BkCo1 View Post
    If you are carrying legally you won't get charged. Medical people will secure it. It will be given back to you with your other valuables.
    There have threads on this before.
    Semper fi
    Quote Originally Posted by 64zebra View Post
    around here if officers are on scene the ambulance crew will give the weapon to us to secure and we get it to a family member at the scene or at the hospital, if nobody available we'll book it into our personal property at the PD and the owner can come get it when they're out of the hospital
    as for making to the hospital, like poster said above, hospitals have their own protocols, most of which involve calling us, and will be handled the same way, if transported in with the weapon it will be easily argued there were extenuating circumstances, I know none of our officers would file charges since they would use common sense
    that being said, the various jurisdictions around the country may handle it differently
    Quote Originally Posted by LRFireEMS View Post
    I've never had that happen to me. I would have to say that in a situation when someone couldn't tell me they where armed, I would find the weapon though patient assessment. I believe if I found a weapon and the police where not still on scene, I would make sure it was safe, and place it with your other belongings.


    I wouldn't worry about being charged with a crime if you are a law abiding citizen that Just happens to have something unfortunate happen to them.
    These sound reasuring to me in case something were to happen to me.



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  14. #14
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    EMT's and hospitals have procedures for such things and it is not a big deal. I wouldn't worry about it if you already have bigger problems to worry about...like surviving an accident.
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  15. #15
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    Even in the same county SOPs vary.

    Some hospitals have full accredited PDs, some full accredited individual LEO, some only security guards, etc.

    The details vary on who does what, but generally, around here, the weapon does not end up with the local PD, absent reasonable, articulable suspicion for a detention. Note: “Absent some disqualifying status (being a felon, juvenile, or drug possessor) or situs (being in a place where weapons are forbidden), it is not a crime to possess a weapon.” Jackson v. Commonwealth, 41 Va. App. 211, 231, 583 S.E.2d 780, 790 (2003)

    As the patient didn't bring it into the hospital there is no situs issue -- even potential of a criminal trespass issue does not apply. BTW -- in Virginia it is not a crime to have a gun in a hospital or any posted place. The only "gun" law that applies is:

    18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

    ....

    O. The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property.
    .... [emphasis added]
    That is a CHP does not let you carry when prohibited by the owner. So, it is rather like a golf course's "Proper golf attire required" you need to comply or be charged with trespass.

    Generally the hospital secures the gun until the patient can reclaim it, or someone with a legal right to it claims it, if the patient is incapable.

    OTOH, if a gun falls into the realm of evidence of, or in, a crime, it is then treated as such -- the most common being disqualifying status (being a felon, juvenile, or drug possessor).
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