Second Amendment Legal Update: October 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

Voters warned about election crimes ahead of the November 2020 election

The Federal Bureau of Investigation has issued a warning to educate voters about federal election crimes and how to avoid them, and to encourage voters to report suspected violations.

According to the warning, election crimes fall into four broad categories:

• Ballot fraud
• Campaign finance violations
• Patronage offenses
• Civil rights violations, such as voter suppression or voter intimidation

“While individual states and localities have the constitutional authority and responsibility to manage elections and have their own election laws,” the FBI notes, “an election crime becomes a federal crime when one or more of the following occurs”:

• A ballot includes one or more federal candidates
• Election or polling place officials abuse their office
• The conduct involves false voter registration
• The crime is motivated by hostility toward minority protected classes
• The activity violates federal campaign finance law

The release also notes that individual states and localities have the constitutional authority and responsibility to manage elections and have their own election laws. Voters are urged to know the law, know their rights and report any suspected election crimes to the appropriate law enforcement or elections authorities. For more information, click here.

Schuyler County SCOPE To Make Free Gun Locks Available In Schuyler County Through Partnership With County Attorney

The Schuyler County Chapter of Shooters Committee on Political Education (SCOPE) in conjunction with the Office of Schuyler County Attorney Steven Getman, is giving away free cable-style gun locks to Schuyler County families.

The locks can be obtained from the County Attorney’s Office by calling 607.535.8121 during normal business hours and scheduling a pickup time. One lock will be available per household and will be provided on a “first come, first serve” basis. Supplies are limited.

“We are pleased to have the Schuyler County Attorney’s Office as a partner in this educational program” said Daniel Phillips, Schuyler County SCOPE Secretary. “The mission of SCOPE is to educate the public on the importance of our Constitutional right to keep and bear arms, as well as to make every effort to educate anti-gun politicians. We can help accomplish this by promoting responsible voluntary gun safety measures for gun owners that do not conflict with the Second Amendment.”

“Partnering with County Attorney Getman allows SCOPE to participate in a countywide effort to promote firearms safety education and increase awareness of just one of Governor Cuomo’s many gun laws. We are 100% membership funded and made up of concerned gun owners and conservation clubs across New York State.”

According to Getman, the giveaway will also help ensure that gun owners are in compliance with New York’s strict firearms storage laws, which require them to lock up their firearms while living in a home with someone under the age of 16.

“We encourage county residents to pick up a free lock so that they can securely store their firearm,” said Getman. “The locks fit on most types of handguns, rifles and shotguns. The cable is threaded through the weapon and blocks the barrel or the use of ammunition. It’s secured by a padlock and key.”

“The goal is to prevent a young child or other unauthorized person from accessing a firearm in the home.”

Phillips and Getman noted that the locks have been donated by SCOPE and, therefore, there is no county charge to the taxpayers for this service.

SCOPE is a non-partisan statewide 501(c)4 organization dedicated to educating the public about firearm ownership, Second Amendment rights and legislation. The Schuyler County chapter’s meetings are held on the 2nd Thursday of the month at 7:00 pm in January, March, May, October and as necessary at the Montour Falls Moose Lodge, 2096 Co Rd 14, Montour Falls, NY 14865.

The Schuyler County Attorney is the legal advisor to the county legislature, county administrator and other county officials. In addition, the county attorney prosecutes family court cases of child abuse and neglect, juvenile delinquency and other civil matters on behalf of county officials.

Schuyler County Honors Sept. 17 as Constitution and Citizenship Day

The Schuyler County Legislature is recognizing Thursday (Sept 17) as Constitution and Citizenship Day.

The legislature’s resolution, drafted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States, and of the state and locality in which they reside.”

The resolution was approved at the legislature’s Sept. 14 meeting.

Sept. 17 is the anniversary of the signing of the United States Constitution, which, the county resolution notes, "is the supreme law of the land and the document by which the people of this country self-govern."

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution on Feb. 29, 1952 (36 U.S.C. 106), designated Sept.17 as Constitution Day and Citizenship Day.

SCHUYLER COUNTY LEGISLATURE... by Steven Getman

New law gives New York Judges authority to waive surcharges and fees for people under 21

New York courts now have broad discretion to waive surcharges and fees where the judge finds that the person being sentenced was under the age of 21 at the time of the offense and that:

· the waiver is in the interests of justice;
· the imposition of the surcharge or fee would work an unreasonable hardship on the defendant, the defendant’s immediate family, or any other person dependent on the defendant for support; or
· after considering the goal of promoting successful and productive reentry and reintegration), the imposition of the surcharge or fee would adversely impact the defendant’s reintegration into society.

The new law was effective August 24, 2020 and the full text is available here.

Second Amendment Legal Update: September 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

New summaries on aging and disability law released

The Government Law Center at Albany Law School has released two new publications in its "explainer" series on Aging and Disability Law for state and local policy makers:

• “Adult Protective Services – Autonomy Versus Protection”
• “Guardianship for Adults with Developmental Disabilities in New York.”

A news release from the center explains:

“These explainers provide accessible information about the legal protections for vulnerable older adults and individuals with disabilities, two groups making up a significant part of our communities. It’s something that touches us all, because it’s very likely someone we are close to falls into one of these groups….Throughout its history, the Government Law Center has focused on providing law and policy makers with options for reforming existing laws and designing new ones. Our Aging and Disability Law explainer series is our latest contribution to helping meet the needs of this growing and diverse population.”

Prior summaries released were:

• “Healthcare Proxies: Appointing People with the Power to Make Healthcare Decisions for Others."
• “‘Act Now’ Healthcare Proxies.”
• “Hospital Ethics Committees.“
• “The New York State Justice Center for the Protection of People with Special Needs.”

For more on these publications and the Government Law Center, click here.

Schuyler County announces rabies clinic for cats and ferrets

Please see attached the flyer for our next rabies clinic being held September 1st from 6-7 pm at the Shared Services Building in Watkins Glen. The clinic is for cats and ferrets only. Registration is required by August 28th.

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Schuyler County offers Medicare 101 classes

This class will be held virtually, in a Zoom classroom setting. For more information, or to register, please contact the Schuyler County Office for the Aging.

Schuyler County Considers Generic Drug Price Lawsuit

Schuyler County legislators are considering a resolution to join Federal, state and municipal governments in suing the makers of generic drugs over alleged price-fixing.

The County Legislature will vote Monday (August 10) on a resolution authorizing County Attorney Steven Getman to join forces with Napoli Shkolnik PLLC, a New York City law firm “in the investigation and/or prosecution of any legal claim against manufactures of generic pharmaceuticals and/or their executives based upon their actions in fixing prices, allocating markets, and engaging in other antitrust violations or other wrongdoing with respect to generic pharmaceuticals.”

According to Getman, the county will be investigating claims in several areas.  These include possible overpayments of Medicaid reimbursements, increased health insurance premiums for county employees and higher costs of pharmaceuticals purchased for use by county agencies, all based upon artificially inflated generic drug prices.

Various government agencies have already commenced suit, Getman said, alleging violations of state and Federal antitrust laws and consumer protection statutes.  

“In 2014, the Department of Justice began an investigation into the pricing of various generic pharmaceuticals,” Getman explained. “In the wake of the Federal investigation, in 2017, the state attorneys’ general of 48 states brought a civil action alleging price fixing, market division, and other antitrust violations by 16 defendant pharmaceutical companies related to fifteen (15) generic prescription drugs.”

“As alleged, the defendants' anti-competitive conduct falls principally into two categories.   First, the defendants, allegedly communicated with each other to determine and agree on how much market share each would control and which customers each competitor was entitled to.  Second, competitors allegedly communicated -- either in person, by telephone, or by text message -- and agreed to collectively raise and/or maintain prices for a particular generic drug.”

The lawsuits, Getman said, now involve over 100 generic drugs and 21 pharmaceutical manufacturer defendants, including Teva, Sandoz, Mylan, Pfizer, Actavis, Amneal, Apotex, Aurobindo, Breckenridge, Dr. Reddy’s Laboratories, Glenmark, Greenstone, Lannett, Lupin, Par, Rising, Taro Israel, Taro USA, Upsher-Smith, Wockhardt USA and Zydus.

“The key question in formulating a lawsuit is determining for which generic drug(s) each county has overpaid, and whether each was direct or indirect purchaser of same,” Getman explained.  “As noted, hundreds of generic drugs have been implicated. Each affected county or municipality can bring an action asserting overpayments for each applicable generic drug.”

According to County AdministratorTim O’Hearn, any lawsuit will be filed at no risk to the county, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By voting to go forward with possible litigation, the County Legislature hopes to lessen the burden to taxpayers and seeks to hold manufacturers responsible for any unlawful role in the high cost of generic drugs,” O’Hearn said. 

Separately, three other New York counties (Greene, Schenectady  and Essex) are already working with Napoli Shkolnik on a lawsuit likely to be heard in Federal court in eastern Pennsylvania, and the state Association of Counties last month circulated a memo suggesting other counties consider joining the effort.

In addition to the generics case, Schuyler County has been working with Napoli Shkolnik to prosecute a pending action against the manufacturers and distributers of prescription opiates for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in and to the county.

The next regular meeting of the Schuyler County Legislature will be held in the Schuyler County Human Services Building, 323 Owego Street, Montour Falls, New York on Monday, August 10, 2020 at 6:30 pm.  The meeting is open to the public and all required COVID-19-related safety protocols will be in place.

A copy of the county’s proposed resolution is available here.