Opinion 09-124

September 22, 2009

Please Note: While a judge may not maintain peace officer or police officer status (see 22 NYCRR 100.4[C][2][b]), some judges are retired law enforcement officers.

Dear :

          This responds to your inquiry (09-124) asking whether it is ethically permissible for a sitting judge to qualify and carry a firearm within the guidelines of the Law Enforcement Officers Safety Act of 2004 (HR218).

          No ethics rules or opinions prohibit a judge from applying to qualify to carry a firearm under this provision of law. However, the question of qualification is beyond the scope of this Committee (see Judiciary Law §212[2][l]). Enclosed, for your convenience, is Opinion 06-51 which addresses this issue.  

                                                                            Very truly yours,

George D. Marlow

Committee Chair

Justice of the Supreme Court (Ret.)

Enc.