Legal Question in Personal Injury in New York

Firearm Liability

I work as a Peace Officer, when I was hired my employer sent me to Firearms Training. I obtained the firearm for duty that they approved. After about a month they decdied they did not like the idea of an armed officer. I have been encountered with guns and threatened with them. They decided I was in danger and got a bullet proof vest. But wont allow firearm carry, even after the county sheriff and reional officer safety coordinator told them to.

I offered to assume all liablility for useage of that firearm. But they have said no they feel the liability of my carry is too great. Can anyone help me formualte a letter to my boss? Also I would like something that if I get shot or killed that I can show I requested several times, and they knew of the risks to me and refused. I am authorized under NY law as a Peace Officer to carry a firearm on duty. I have gone though training and passed. I have nothing that would limit my carry. I own my own firearm. We now have other officers, they did the same thing with and we are now facing gun and threats to us all the time. Now they wont even get the new people bullet proof vests, and said they are not liable if I get shot becasue they got me a vest.

Thanks

P. Cartwright


Asked on 1/09/05, 7:50 pm

3 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Firearm Liability

I wouldn't be surprised if you are working on a college campus. If you are forget about it. If you are a security guard, while it might be more reasonable, you are going to lose on this issue.

While you are working for this employer, you need to follow their rules because they are liable for your actions.

Just about every branch of "Peace officer" has litigated the right to carry when told not to.

From Bridge and Tunnel Authority to Parole and Corrections officers entering City Courts and other places, if the person in charge has issued a rule that says no, its no.

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Answered on 1/10/05, 8:33 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Firearm Liability

Why the question?

The employer sets the terms and conditions of employment. If the employee declines to adhere to same, the employer would be justified in firing the employee.

It is unreasonable to believe that you can put your employer on NOTICE that it is a "hazardous condition," to prohibit employees from carrying firearms on the job.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/09/05, 9:13 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Firearm Liability

You seem to have a good understanding of the situation. By that I mean that you see this as a situation that requires some negotiation.

The employer will be sued for 'reckless endangerment' if you are shot and survive and 'wrongful death' if you do not survive.

One problem is that you will have to show you would not have been injured if you had a firearm at your disposal. That may be tough.

The company may be thinking that you are better off as an 'intimidated rabbit', than as a 'dead lion'.

If you want to pursue this, a letter would be easy to draft and would be the best way to open negotiations. While I am available to assist you (I think gun control is a complex issue), the NRA does this sort of thing on a daily basis.

Check with the NRA and, if they are not enthusiastic, then get back to me.

Good luck.

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Answered on 1/10/05, 11:34 am


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