No Holster In The Drug Box

I received an email from a fellow firefighter and EMT asking about South Carolina law concerning firefighters, EMT’s and paramedics arming themselves via state-issued concealed weapons permits with lethal weapons. 

I will first discuss the applicable South Carolina law on this issue. Next, I will discuss fire and EMS departmental concerns on this issue. I will conclude with my personal thoughts.

N.B.: South Carolina has a number of public-safety departments whose members are both certified law enforcement officers and firefighters/emts/paramedics. The majority of the below will not apply to these departments and their members, as SC provides expressly for certified law enforcement officers the ability to carry openly and/or concealed just about everywhere in the State. 

I. South Carolina Law

A. SC Authorization to Carry a Firearm

South Carolina law does not expressly provide for firefighters, EMTs, and paramedics to “carry about the person, any pistol whether concealed or not…”[1]

In South Carolina your occupational status as a firefighter, EMT, or paramedic does not provide you open-carry or concealed-carry rights in the performance of your fire and EMS duties. 

In other words, in order for you to carry while on duty, and in the performance of your fire and EMS duties, you must possess a valid South Carolina Concealed Weapons Permit issued from the State Law Enforcement Division.

B. SC Prohibited Places for Concealed Carry 

1. South Carolina law expressly forbids concealed weapons permit holders from carrying in the following places: “private or public school, college, university, technical college, other post‑secondary institution, or into any publicly‑owned building”[2] 

Your fire station or EMS station is likely a publicly owned building, therefore should you carry there, you are committing a criminal offense.

If you work for a private fire or EMS agency that is not publicly-owned, mere carry into that building may not be a crime, but South Carolina sets forth other prohibited places for concealed carry.

 2. South Carolina law expressly forbids concealed weapons permit holders from carrying “into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession.”[3]

The majority of fire and EMS calls are to “the residence or dwelling place of another person.” In order for you to legally carry concealed into someone’s house, you would have to get their permission first.

Asking for permission gives away the fact that you are carrying concealed, defeating the purpose.

Additionally, since you arrive at their doorstep in an official capacity, any consent they do give would likely be determined to be invalid as being made under duress. The consent is likely invalid because they may reasonably believe should they deny your request it would prevent you from putting out their fire or rendering them medical assistance.

If you violate this provision you are guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have [your] permit revoked for five years.[4]

 3. South Carolina law expressly forbids concealed weapons permit holders from carrying into a “hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.” 

This covers where we transport our patients, and sometimes where we pick them up.

If you violate this provision you are guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have [your] permit revoked for five years.[5]

C. Non-Lethal Self Defense Weapons

Self-defense weapons generally considered non-lethal, such as pepper spray, are not covered by the SC Concealed Weapons Permit law, and are not expressly forbidden for firefighters, EMTs or paramedics to carry. [6] 

D. South Carolina Law, Conclusion

There are other prohibitions on places of carry, however I feel these are the most applicable ones to the issue at hand. If you hold a valid South Carolina Concealed Weapons Permit, you should have been made aware of these prohibitions in your training class. If not, or if you have forgotten them, visit the SC Code sections referenced, or visit one of the many Concealed Carry advocacy groups.

It should be rather evident that from the above that South Carolina law is quite hostile to any firefighter, EMT, or paramedic that chooses to employ their Concealed Weapons Permit to carry concealed on-duty.

Self-defense weapons generally considered non-lethal, such as pepper spray, are not covered by the SC Concealed Weapons Permit law, and are not expressly forbidden for firefighters, EMTs or paramedics to carry. 

The carry of non-lethal self-defense weapons will likely be determined by individual department or service policy, and is what we will discuss next.

II. Fire and EMS Department Policy on Weapons

A. Policy on Concealed Weapons

If your fire or EMS department does not have a policy forbidding the concealed carry of weapons into the stations, and forbidding the concealed carry of weapons while on duty, it should. Immediately.

My discussion of the applicable South Carolina law above should be all that is required to support such a policy, aside from the liability implications of an employee discharging a firearm on duty.

B. Volunteers and Concealed Carry

Volunteers are a valuable resource to lots of departments across this State. If your fire or EMS department utilizes volunteers who respond in their personal vehicles from various locations, you need to be aware that your members may be carrying concealed weapons and bringing them to your scene.

While it may have been legal for them to carry where they were prior to their response, it may not be legal for them to carry into your scene, your station, and the hospital.

Your department should have a policy in place that deals specifically with volunteers responding with concealed weapons. 

An easy solution would be to have your members secure their weapons in a locked glove box or console within their vehicle prior to exiting and performing their duties. 

C. Sign Requirements for Prohibiting Concealed Carry 

Even though SC law expressly forbids carry into publicly-owned buildings, your department needs to reference SC Code Section 23-31-235, on the proper signage requirements required by law designating the station or other facilities as a prohibited place for concealed carry.

If you are a private fire or EMS agency, then you definitely need to reference this code section. The stickers you buy at Staples to stick on the door likely fail to meet the legal signage requirements for legally prohibiting concealed carry.

D. Policy on Carry of Non-Lethal Self-Defense Weapons

If your fire or EMS department does not have a policy on the carry of non-lethal self defense weapons you may need to consider one. You need to be aware that your personnel may already be carrying a variety of such weapons on-duty without your knowledge. 

If you lack any policy and your personnel carry non-lethal self-defense weapons, you should know that your department may be liable for any injury that results from their use of such weapons. Non-lethal does not mean non-injurious. 

If your personnel are carrying non-lethal self-defense weapons with your permission, hopefully you have considered the following:

     1. Does your department have a continuum of force protocol?

     2. Does your Medical Director approve of a Non-Lethal Self Defense protocol?

     3. Does your department train your personnel in the proper use of non-lethal          self-defense weapons?

     4. Does your department issue non-lethal self-defense weapons?

These are just some basic questions, but you should get the idea. A plaintiff’s lawyer could have a field day with you on the stand over just these questions, and this is just the tip of the iceberg of considerations.

III. Personal Opinions on the Arming of Firefighters and EMTs

First off, I hunt, I shoot, and I own firearms, including firearms for self-defense. I am a firm believer in the Second Amendment imparting an individual right.

I cannot, however, support arming firefighters, EMTs or paramedics with lethal weapons. Further, I cannot imagine a department knowingly permitting their members to carry concealed weapons on duty. The potential liability and public relations implications are enormous.

 If the scene is not safe, stage and wait for law enforcement. Wait however long it takes. 

If the scene deteriorates, retreat to a position of safety. If law enforcement is not already on scene, get them. Do not re-enter the scene until law enforcement has secured it and made it safe to re-enter.

If a patient attacks you or is uncontrollably combative in the back of the ambulance, stop the ambulance in a safe place and retreat. Use only what force is required to retreat and get to a position of safety. It is not patient abandonment if you retreat for your own safety. Get law enforcement on scene and allow them to use their tools and training to handle the combative patient.

Further, if you were assaulted then you will need them anyway to file charges on the patient. It is a crime in SC to assault a firefighter, EMT or paramedic in the performance of their duties.

Some may argue that pepper spray or other non-lethal weapons are needed to ensure that you can escape a situation. That may be true.   It is a crazy and violent world. I understand that fire and EMS departments are issuing body armor to their members.

However, I consider the carry and use of  weapons anathema to our mission and in violation of our hard earned status as non-combatants. We are not the police, and that affords us a level of patient trust and interaction that our LEO friends don’t receive. 

In my opinion carrying weapons and deploying weapons on our patients (or bystanders) revokes our non-combatant status and places us in greater danger.

Each jurisdiction is different, and may determine that their members need these tools. I just hope that those of us in the streets and those in administration take the time to answer the tough questions and perform the proper risk-benefit analysis in making a decision on this topic.

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Pete Reid is a Fire Captain and Personnel Officer with the Bluffton Township Fire District, in Bluffton, SC. Pete is also a practicing attorney admitted to the South Carolina Bar and a Patent Attorney Registered to Practice before the United States Patent and Trademark Office.

Pete has merged his fire and EMS knowledge with his legal knowledge to develop custom training programs for fire and EMS services, and has worked as a consultant for several fire and EMS agencies to develop their documentation, reporting and compliance policies and procedures.

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[1] SC Code of Laws, Section 16-23-20. See also, SC Code of Laws, Section 23-31-240.

[2] SC Code of Laws, Section 16-23-420.

[3] SC Code of Laws, Section 23-31-225

[4] Id.

[5] SC Code of Laws, Section 23-31-215.

[6] Id.