Opinion 12-115

October 9, 2012

Dear Justice:

         This responds to your inquiry (12-115) asking whether, as a retired Law Enforcement Officer, it is ethically permissible to carry a concealed firearm in accordance with the Law Enforcement Officers Safety Act (see 18 USC 926C, as amended by Public Law 111-272).

          The Committee is authorized to advise judges on questions concerning judicial ethics. As your question raises administrative and legal issues, any response would be outside the scope of the Committee’s jurisdiction (see 22 NYCRR 101.1; Judiciary Law §212[2][1]). However, from an ethics standpoint, while the Committee has no authority to interpret the Law Enforcement Officers Safety Act, the Committee has not issued any opinions and there are no prohibitions in the Rules Governing Judicial Conduct which would ethically bar a judge from carrying a firearm, assuming, of course, the activity is otherwise legal and consistent with administrative policy.

         Enclosed, for your convenience, is Opinion 06-51 which addresses this issue.

                                                 Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.