In Joseph v. City of Buffalo, 83 NY2d 141 [1994] although the officer was required to carry his service revolver while off duty, the Court of Appeals found that the officer was not acting within the scope of his employment when after work he left his loaded, unlocked revolver under a mattress and it accidently discharged. The court in Joseph held: "Here, Joseph was not acting in the performance of his duties and within the scope of his employment when he placed the gun under his son's mattress and when the accident occurred as he napped in his home. Rather, he returned home from work, placed the unlocked, loaded revolver underneath his son's mattress and gone downstairs to rest when his revolver accidentally discharged several hours later. Thus, it cannot be said that Joseph was engaged in the immediate and actual performance of a public duty imposed by law. The fact that rules 4.8.6 and 4.1.9 of the Rules for the Government and Discipline of the Police Department of the City of Buffalo require police officers to carry their service revolvers while off duty, and to undertake the same responsibility for the suppression of disturbances and in the arrest of offenders when off duty as when on duty, does not warrant a different result."