Former Rochester City Court Judge Leticia Astacio is scheduled to answer to a felony gun charge Tuesday morning in Syracuse.

Former Rochester City Court Judge Leticia Astacio is scheduled to answer to a felony gun charge Tuesday morning in Syracuse.

Astacio is accused of trying to illegally buy a gun from Dick's Sporting Goods in Henrietta back in April. She's banned from owning a gun because she's on probation for a DWI conviction.

Astacio's attorney argues an unloaded shotgun is not a dangerous weapon and that her Second Amendment rights were violated.

She was officially removed from the bench by the state Court of Appeals in October.

An appellate court moved her case from Monroe County to Onondaga County in order to draw a fair and impartial jury.

Astacio is due in court for a pre-trial hearing at 10 a.m.