Emergency Room

[Venatius]

Recently one of my Neighbor, also a Concealed Carry holder was in a Car Accident, he was carrying at the time, fortunately the passage ( Friend of his) also a concealed carry holder was allowed to hold his weapon while he was transported to the Hospital. The question I have is what if someone is alone carrying and you get in an accident taken to the emergency room what are the procedures for this, will I get my weapon back are the police called? any information would be great.


Robert

 

[AMS3(AW)]

Police must be called and they must take custody of the weapon if no other "qualified" custodian is available.

Sent from my SM-N900P using Tapatalk

 

[bofh]

If you are alone in a car accident and need emergency care while carrying, then, as far as I know, a LEO is required to take custody of the firearm as it is your property. It is my understanding that no person other than a LEO can take possession of the firearm without your explicit consent. It is also my understanding that a hospital will refuse your admission while in possession of a firearm.

Now, if you are in a car accident and need emergency care, then one can assume that law enforcement will be at the accident site as well. Do not handle the firearm! The LEO will give you specific instructions if you are responsive at all. Otherwise, he will just take it. The firearm transfer to the police department should be noted in the accident report. Assuming that the firearm is not evidence in a criminal investigation and you are not disqualified from possessing a firearm, you should be able to retrieve it from the police department (unloaded and probably locked with a cheap cable lock) at any time using your ID.

Note that as part of the accident investigation, you can assume that your carry permit will be checked (if the state you live in requires one), the firearm itself will be checked against lists of stolen firearms, and the entire accident (e.g. witness statements and blood alcohol/drug screens) will be checked to see if the firearm played a role or if you violated firearm laws.

Stay safe. Drive defensive. Don't drink and drive.

 

[Professor]

It depends on the state, the officers involved, the hospital personnel, etc.

A few years ago, my wife was involved in an accident while carrying. She informed the investigating officer that she was carrying in her purse. He said, "No problem, just keep it concealed". When the paramedics arrived she informed them - still no problem. At the hospital, the ER doc was fine with it. She informed the x-ray tech because she didn't want to leave her purse unattended in the dressing area. The tech said, "That's great. If we have a problem in the ER, we'll know who to call" and told her to keep her purse with her. After it was determined that there were no fractures, she was released. Her firearm was never taken from her.

I love Texas.

 

[BUmmedic]

As said above... variable depending on state and personnel. I'm pretty sure the protocol in place at my hospital is for security to take possession of the weapon and lock it up, to be returned once treatment is completed and the patient is discharged. LEO only get involved if there is question of involvement in a crime or other sensitive situation.

 

[BC1]

In NY there's no law against possessing in a hospital. In my local hospital security will lock-it up for you until you're ready to leave. They did it for me a few years ago when I was transported from my doctor's office with cardiac trouble.

 

[Bhoffman]

Police must be called for an accident involving personal injury. So, yes, the police would be called, weapon or not.

 

[Eidolon]

Police must be called and they must take custody of the weapon if no other "qualified" custodian is available.

Care to cite the relevant statute?

If you are alone in a car accident and need emergency care while carrying, then, as far as I know, a LEO is required to take custody of the firearm as it is your property. It is my understanding that no person other than a LEO can take possession of the firearm without your explicit consent. It is also my understanding that a hospital will refuse your admission while in possession of a firearm.

Again, got a cite?

 

[BC1]

Police must be called for an accident involving personal injury. So, yes, the police would be called, weapon or not.

No sir. Should a person fall and suffer an injury there is generally no requirement for anyone other than an ambulance to be called.

 

[BC1]

If you are alone in a car accident and need emergency care while carrying, then, as far as I know, a LEO is required to take custody of the firearm as it is your property. It is my understanding that no person other than a LEO can take possession of the firearm without your explicit consent. It is also my understanding that a hospital will refuse your admission while in possession of a firearm.

Again, got a cite?

In some states there is no person other than LE who make posses the weapon. In NYS you may not posses any handgun that is not registered to you. An EMT can be charged with a felony for possessing a loaded weapon for which he has no license. In NYS the carrying of a handgun is a crime. Persons with a permit are exempted from that crime in S265.20(3). There is no provision for anyone handling the gun during your emergency so LE must be called. The statute is contained in Article 265 of the NYS Penal Law.

 

[Bhoffman]

No sir. Should a person fall and suffer an injury there is generally no requirement for anyone other than an ambulance to be called.

The OP specifically said CAR ACCIDENT.

Falling down and getting hurt is not car accident.

My post was in response to the OP and it's subject - Car Accident. All states require that the Police be notified and that they investigate any vehicular accident that involves personal injury.

 

[BC1]

The OP specifically said CAR ACCIDENT.
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-- "Police must be called for an accident involving personal injury. So, yes, the police would be called, weapon or not. " --
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Falling down and getting hurt is not car accident.

My post was in response to the OP and it's subject - Car Accident. All states require that the Police be notified and that they investigate any vehicular accident that involves personal injury.

I responded to your post not the OP. Your post specifically said "accident." You didn't specify AUTO ACCIDENT. Just making sure people aren't confused by it. They don't have to respond to every "accident" involving PI.

 

[Bhoffman]

Yes, I am sure ALMOST everyone on this forum understood that it is not necessary to call the police when you stub your toe. But, thanks for clearing that up.

 

[bofh]

If you are alone in a car accident and need emergency care while carrying, then, as far as I know, a LEO is required to take custody of the firearm as it is your property. It is my understanding that no person other than a LEO can take possession of the firearm without your explicit consent. It is also my understanding that a hospital will refuse your admission while in possession of a firearm.

Again, got a cite?

Nope, that's why the "as far as I know", "It is my understanding", and "It is also my understanding." Do you have a different opinion or an actual cite?

Note that this is about "if you are alone in a car accident and need emergency care while carrying" and not about getting fixed up at the car accident site or going by yourself or with the help of a friend to a doctor's office afterwards. That's not emergency care. In case of you needing emergency care, you are likely seriously injured and potentially completely incapacitated. You would be transported to the nearest emergency room or trauma center. What happens to your firearm in this case depends on a number of factors, including the actual situation, state and federal laws, as well as, hospital policies. There is a high likelihood that your firearm will be taken from you by the responding LEO if you are seriously injured or completely incapacitated.

 

[rjfleming]

As a Paramedic on a rural volunteer ambulance (usually one or more hours from local Sheriff or Highway Patrol) we sometimes respond to auto accidents where one or more of the occupants are armed. We are usually on our way to the hospital long before law enforcement arrives. Weapons are cleared either by the owner or crew and transported with the patient. The crew member giving report to the Emergency Department will inform them of the weapon so security can meet us at the E.D. Never been a problem in Western Montana.

 

[Rocketgeezer]

If your in a car accident lets just hope your not torn up so bad that you can give your weapon to a LEO, if you end up getting to the hospital and still have the gun on you I would guess hospital security would take it till your discharged, and if your torn up bad from the wreak your gun is most likely not your first concern, assumeing your still alive

 

[bofh]

FYI: University hospitals often provide emergency and trauma services. They are usually part of the campus and the university's firearm restrictions apply. The emergency rooms in my area seem to be all posted or on university campus (where carrying is not permitted).

 

[Rhino]

...It is my understanding that no person other than a LEO can take possession of the firearm without your explicit consent. It is also my understanding that a hospital will refuse your admission while in possession of a firearm....

The first part depends on the state. The second part is simply not true. They can't refuse you medical treatment based on that. In many cases they'd lose their license/certification if they did. It's called duty to act.
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...In case of you needing emergency care, you are likely seriously injured and potentially completely incapacitated. You would be transported to the nearest emergency room or trauma center. What happens to your firearm in this case depends on a number of factors, including the actual situation, state and federal laws, as well as, hospital policies. There is a high likelihood that your firearm will be taken from you by the responding LEO if you are seriously injured or completely incapacitated.

The situation governs it more than anything else. Few states have restrictions on who can possess a gun (assuming they're legal), and there are no federal laws on the subject. There are lots of varying hospital policies governing guns, but as you say, odds are it wouldn't get that far in most cases. It would likely be given to an LEO at the scene. If the gun made it to the hospital, any number of things could happen, depending on those various policies or circumstances. Your condition may play into it as well. There is one thing you have wrong though. You don't need to be seriously injured or incapacitated for any of this to apply. It's common practice to transport even mildly injured patients to the emergency room in a medic after a traffic accident. We do it all the time. I've never had a patient with a gun but I'd have no problem taking custody of it if I ever did have such a patient. I'd have to give it to an LEO though, not because it's required but because we have no place to store them.
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FYI: University hospitals often provide emergency and trauma services. They are usually part of the campus and the university's firearm restrictions apply. The emergency rooms in my area seem to be all posted or on university campus (where carrying is not permitted).

Doesn't apply in an emergency where you're being transported via medic (ambulance), unless you deliberately and purposely conceal the fact that you have it.

 

[bofh]

The first part depends on the state. The second part is simply not true. They can't refuse you medical treatment based on that. In many cases they'd lose their license/certification if they did. It's called duty to act.
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The situation governs it more than anything else. Few states have restrictions on who can possess a gun (assuming they're legal), and there are no federal laws on the subject. There are lots of varying hospital policies governing guns, but as you say, odds are it wouldn't get that far in most cases. It would likely be given to an LEO at the scene. If the gun made it to the hospital, any number of things could happen, depending on those various policies or circumstances. Your condition may play into it as well. There is one thing you have wrong though. You don't need to be seriously injured or incapacitated for any of this to apply. It's common practice to transport even mildly injured patients to the emergency room in a medic after a traffic accident. We do it all the time. I've never had a patient with a gun but I'd have no problem taking custody of it if I ever did have such a patient. I'd have to give it to an LEO though, not because it's required but because we have no place to store them.
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Doesn't apply in an emergency where you're being transported via medic (ambulance), unless you deliberately and purposely conceal the fact that you have it.

Thanks for clearing things up.

 

[Eidolon]

In some states there is no person other than LE who make posses the weapon. In NYS you may not posses any handgun that is not registered to you. An EMT can be charged with a felony for possessing a loaded weapon for which he has no license. In NYS the carrying of a handgun is a crime. Persons with a permit are exempted from that crime in S265.20(3). There is no provision for anyone handling the gun during your emergency so LE must be called. The statute is contained in Article 265 of the NYS Penal Law.

Wouldn't necessity be an affirmative defense?