September 22, 2009
Please Note: While a judge may not maintain peace officer or police officer status (see 22 NYCRR 100.4[C][b]), some judges are retired law enforcement officers.
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[l]). Enclosed, for your convenience, is Opinion 06-51 which addresses this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)