FHExpo17: Social Media, Gun Laws and the Fire Service

Oct. 21, 2017
Firehouse Expo 2017 sessions dug into topics including social media and how gun laws impact the workplace.

Social media continues to pose challenges for fire departments and firefighters alike. Firehouse Expo 2017 sessions dug into topics including social media and how gun laws impact the workplace.

On-Duty firearms carry issues 

Curt Varone presented “On-Duty Firearms Carry Issues for Firefighters."

Should fire and EMS personnel be armed? It is a topic that pits the personal safety of employees against an employer’s right to control the workplace and the constitutional rights of employees against the safety concerns of coworkers. Should fire and EMS personnel who are legally able to carry a firearm be allowed to do so while on duty?

From a legal perspective, the wisdom of arming firefighters and EMS personnel raises too many issues to explore anything short of a very large book. A disclosure is warranted up front because when dealing with controversial topics like this, one’s biases inevitably influence one’s perspective. I am pro-gun. I am an avid hunter and shooting enthusiast, and a card-carrying Patriot Life-Member of the NRA. With my prejudices disclosed, let’s discuss the issues.

Can an employer legally prohibit an employee who has a legal concealed carry permit from carrying on duty?

The simple answer is yes in most states. An employer can limit whether an employee can carry a weapon on duty, as well as what weapons an employee can possess while on duty, the type of ammunition carried and a host of related issues. A notable exception is a state like Kentucky, where public employers are prohibited from regulating anyone’s right to carry, including their own employees.

Is it wise for employer to prohibit an employee who has a legal concealed carry permit from carrying on duty?

The question of whether a fire department should allow or prohibit concealed carry raises a number of sub-issues. Let’s start with an employer’s obligations under OSHA.

OSHA mandates that an employer provide a workplace that is free from recognized hazards. This requirement is often referred to as the general duty requirement. When it comes to firearms, contradictory issues arise under the general duty requirement:

  1. Is the risk of violence to firefighters a recognized hazard such that by prohibiting personnel from carrying firearms, a fire department potentially could breach the general duty requirement?
  2. If indeed the risk of violence in the workplace so dangerous as to warrant concealed carry, are fire departments under a duty to do even more than simply carry firearms?
  3. Will the carrying firearms by on-duty personnel create a recognized hazard itself, warranting additional precautions for colleagues and the members themselves, including policies, training and supervision?

There are very difficult and, as of yet, largely unanswered questions.

For those fire department choosing to venture into allowing on-duty carry, here are some of the issues that will need to be tackled:

  • Who will be authorized to carry and what criteria will be applied?
  • Will carry be limited to concealed or will open carry be allowed?
  • Will there be minimum training requirements for personnel carrying as well as all members (in the event a member who is carrying becomes incapacitated, and weapon needs to be secured)
  • Will there be minimum firearms proficiency for those carrying?
  • Will there be refresher training and qualifications?
  • Will there be regulations on holster type and location (in-waist band, appendix, shoulder, pocket, etc.)?
  • Will there be regulations on caliber and manufacturer?
  • How will personnel handle responses to no-carry facilities, such as federal properties, post offices, etc.?
  • Will apparatus be equipped with lock boxes, and how will off-site parking be organized?

Among the training and policy issues: weapons safety/competency, proficiency/accuracy, target acquisition and differentiation, judgment, shoot/don’t shoot (background), weapon retention, and training on when can force lawfully be used, the definition of deadly force and when it can lawfully be used, assault, battery, manslaughter, murder (including attempted murder), negligent homicide, brandishing, reckless discharge (warning shot), false arrest, and implications of the 14th Amendment and 4th Amendment under Civil Rights laws.

Social media and your job

Rommie Duckworth presented “Social Media: Rules, Regulations and Responsible Guidelines” at Firehouse Expo 2017.

Social media can be a powerful tool to promote and celebrate the accomplishments of your department—or highlight words and actions that embarrass our entire profession.

Firefighters hold a special place in the public trust, Duckworth said. When stupid behavior occurs in the firehouse or on the streets, that breach of trust is big news. With cameras and social media tools available on every smartphone, you can be virtually guaranteed that if it happens in your department, it will be shared globally within seconds.

Fortunately, simple guidelines exist to help individuals and their departments to be known for the great work they do, rather than “that terrible YouTube video everyone is sharing.”

Guidelines for Fire Departments

  • There is no “one-size-fits-all” approach. Get expert help in crafting a policy customized for your organization.
  • Policies can’t do it alone. Education is key.
  • It isn’t about social media alone; it is about behavior.
  • Ethics and professionalism must guide behavior both real-world and online.
  • Agency titles, logos and other images identify an individual as a spokesperson for the department. If you are a spokesperson, speak carefully as such. If you are not, do not use any such titles or images, and consider making specific note you are speaking as a private individual. Even then, this may not offer full protection.
  • Far beyond concerns of HIPAA, departments and their staff must respect the privacy and dignity of members of their community.
  • Individuals are personally responsible for information or images that they acquire, even when posted or redistributed by others.
  • The acquisition of information or images or the use of social media should never interfere directly with responsibilities of emergency responders OR indirectly with the operation of the department, including but not limited to undermining the reputational cohesion of the department.
  • The department may own any information or images acquired using department equipment or in the course of department operations.
  • The use of any personal equipment to acquire or transmit images or information related to department operations may cause it to be considered evidence and may be subject to search and seizure.
  • The public has the right to record and share the activities of emergency responders occurring within public view.

Guidelines for Individuals

  • Consider if there is something in your social media profile that identifies you as an official spokesperson for the department, whether intentional or not.
  • Understand that when you accept the badge, volunteer or career, you are accepting a special privilege and possibly some restrictions.
  • Use common sense and be respectful. Consider how your posting could reflect negatively on you and your agency if it were posted on the front lawn of where you live.
  • Remember that you cannot control what happens to a message once it is posted.
  • If you're using your personal account, be aware of how public this private account really is. Check your settings.
  • If you feel strongly about a particular topic, consider taking real-world action to affect real-world change.
  • Respect the law and other people. Ensure that your social media use does not unintentionally violate laws of defamation, discrimination, harassment, copyright, privacy or confidentiality.
  • Don't let the acquisition or posting of social media content interfere with your job.
  • Just because someone else in another department is doing it neither makes it okay, nor the right thing to be doing.

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