CERT Volunteer

I guy that works for me decided to volunteer with his local CERT. He asked me if he can carry while he is training and volunteering. He has a CHP. I told him that I believe that he can, as he will be volunteering for his county/city, and the training will be done at the local fire department and other local government facilities. He said that his local fire department has a no-carry policy for employees, but he is not an employee. They can't fire him. But can they legally kick him out?

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gis wrote:

I guy that works for me decided to volunteer with his local CERT. He asked me if he can carry while he is training and volunteering. He has a CHP. I told him that I believe that he can, as he will be volunteering for his county/city, and the training will be done at the local fire department and other local government facilities. He said that his local fire department has a no-carry policy for employees, but he is not an employee. They can't fire him. But can they legally kick him out?

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Yep...he can carry and they can kick him out of the program.

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Open Carry is the best course of action! Looks like a great opportunity to spread the word to me.

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He told me this morning that he signed up and that he will be carrying (didn't say OC or CC). His classes will be at the countyfire academy and he wasn't told that he couldn't carry (even though he knows that fire employees are not allowed). Should be interesting.

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Most municipalities have rules for volunteers - and most of those rules include "No Firearms While Acting As A Volunteer".

Yes, you can carry on municipal property (with the minor exceptions of courthouses, secure areas of jails, etc.) but only as a citizen "visiting" those places. If you want to "work" as an unpaid employee/agent of the municipality they can impose many restrictions on you - including the no firearms one. Get caught and you will almost assuredly be "fired" from your volunteer position. You could face other legal troubles such as criminal trespass, disturbing the peace, or whatever else the local cops & Commonwealth Attorney can dream up.

Is volunteering for CERT or any other position where you wiull be entering a "disaster" zone a worthy endeavor? You bet it is! Is is, IMNSHO, wise to enter a "disaster" zone without effective means of self defense? No way!!

Please remind your friend that he needs to really think which activity - carry or be a CERT volunteer - is most important to him.

stay safe.

skidmark

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Interesting point, skidmark. The way this CERT program operates, they invite citizens to take classes in various disciplines without being obligated to join the CERT. Each class is offered several times a year, and people who complete all 8-10 of them within 12 months can apply to join the CERT, which involves some additional hoops like the background check, etc. So until he actually joins the CERT and becomes a volunteer, even by your argument, he is just a citizen visiting his local fire academy for taxpayer-funded training. I believe that pre-emption should still apply. Agree or disagree?

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gis wrote:

Interesting point, skidmark. The way this CERT program operates, they invite citizens to take classes in various disciplines without being obligated to join the CERT. Each class is offered several times a year, and people who complete all 8-10 of them within 12 months can apply to join the CERT, which involves some additional hoops like the background check, etc. So until he actually joins the CERT and becomes a volunteer, even by your argument, he is just a citizen visiting his local fire academy for taxpayer-funded training. I believe that pre-emption should still apply. Agree or disagree?

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It's not a question of whether or not I agree with you - it's a question of what rules the municiplality sets up for attending the training. Before I say I lean one way or another I'd like to see either "the Rules" or other documentation of the training program.

But absent any "Rules"I would think (a dangerous practice for most folks but one I can do even in my sleep) you are probably correct. Unless he does not have the time to do a little pro se legal work ( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915note subsection C) I'd tell him to go ahead and open carry in class.

stay safe.

skidmark

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