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getmanlaw · 4 months
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Second Amendment Legal Update: June, 2024
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.  For a complete copy of this month’s report, click here.
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getmanlaw · 4 months
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Schuyler County may ask state to reject legislation that could close shooting ranges statewide
A proposed bill in the New York Senate is a gun control law being presented under the guise of an environmental law, warns the Schuyler County Clerk. 
According to County Clerk Theresa Philbin, "the Sporting Range Good Neighbor Act," currently pending in the New York State Senate, would place heavy restrictions on shooting ranges, due to proximity to wetlands and open water sources, potentially forcing existing ranges to close.  
That, in turn, would prevent people from getting pistol permits.  It would also mean local school shooting leagues would have no place to practice. 
At Philbin’s request, on Monday (May 13) the Schuyler County Legislature will consider a resolution asking state officials to reject the bill.
The proposed resolution, drafted with the assistance of Schuyler County Attorney Steven Getman, cleared the county’s Management and Finance Committee in April.   It points out that the proposed act “will cause severe hardship on the clubs, members and schools who depend upon the fish and game clubs for this very popular recreational sport in Schuyler County and the Finger Lakes with no empirical evidence that the mandates and restrictions are necessary.”
“This Bill is based upon misinformation as to the trajectory of skeet shots, and the reason why most trap and skeet fields have been operating for decades without the need for this additional legislation,” the resolution notes.
“This mis-named Act would require skeet field tracts at shooting ranges to be a minimum of 600 yards by 300 yards….Participants are shooting shotguns with small lead pellet loads which are only capable of traveling a maximum distance of 150-200 yards; in addition, most clubs reclaim the expended pellets for reuse.”
The bill says these restrictions will prevent lead from bullets getting into the environment.
Critics of the bill, including Philbin, have noted that shooting ranges already have to meet restrictive guidelines to operate safely, costing them up to $100,000, and that restrictions will cost thousands of dollars more, possibly forcing them to close.
“This Bill essentially will force most ranges and clubs to build a covered backstop and be required to follow the State rules regarding lead reclamation,” Philbin said. “Most if not all clubs will not be able to afford to comply with these regulations.”
Getman noted that closing ranges could impact citizens’ ability to obtain a pistol permit under New York State’s gun control laws.
“If you wish to apply for a concealed carry license, you need to complete the Concealed Carry Firearm Safety Training Course,” Getman said.  “Often, those classes are held at the local ranges.”
“Forcing those ranges to close would effectively prevent many New Yorkers from exercising their Second Amendment rights.”
According to Philbin, it is not just club members who participate at these ranges, but also school trap teams.    “When you look at those kids that are on school-sponsored sports teams, they get better grades in school, they have a lower dropout rate, they stay away from alcohol and drugs and tobacco,” she said.  
"This legislation could negatively affect students’ futures.  That’s why we want to protect our clubs."
The county’s resolution, if passed, will be sent to Gov. Kathy Hochul and the county’s representatives in the New York State legislature, Senator Thomas O’Mara and Assemblyman Philip Palmesano, asking each to oppose the bill.
The Schuyler County Clerk is the point of contact for pistol permit processing in Schuyler County. Amendments to the permit, name and/or address changes, transfers to/from other counties, as well as suspensions are made through the office. Pistol permit records are kept in the office, the original of each record is sent to the state.
The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prepares legislation and prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.
A complete copy of the proposed resolution is available here
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getmanlaw · 1 month
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getmanlaw · 2 months
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getmanlaw · 3 months
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getmanlaw · 10 months
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Cyber Monday scams are rampant in NY this year. How to avoid them.
Fraud expert and vice president of public policy, telecommunications and fraud for the National Consumers League, John Breyault, told Gannett News there are three scams consumers should be aware of ahead of the holiday season.
Deals that seem too good to be true
Porch pirates
Delivery scams
There is also information on what to do if you've been scammed.
For more on each scam, and how to avoid it, click here.
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getmanlaw · 11 months
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Second Amendment Legal Update: November 2023
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.  For a complete copy of this month’s report, click here.
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getmanlaw · 11 months
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National Estate Planning Awareness Week is October 17-23
October 17-23, 2023 is National Estate Planning Week and Schuyler County Attorney Steven Getman is reminding the public that the week is a perfect time to start thinking about their own estate plans.
“Estate planning is the process of arranging in writing who will receive your assets when you die,” Getman explained.  “It can also provide clear end-of-life directives should you become incapacitated before ultimately passing away.”
“Common, and important, documents may include a Last Will and Testament, a Power of Attorney, a Health Care Proxy and a Living Will.”
Unfortunately, Getman said, many people fail to establish an estate plan, even those who would benefit from it.
“It’s estimated that over half of Americans do not have an up-to-date estate plan,” Getman said.  “This creates hardship, both financial and emotional, for your loved ones.”
“For example, when you don’t have a Will, the court process — known as intestate administration — can get especially complicated. The court has to name an administrator to oversee your estate. And this can be time-consuming, expensive, and even contentious for your family members.”
“Having a plan helps make sure your money and property go to those you intended, not to others,  or even the government, when you pass away,” Getman noted.
“It can also minimize taxes so that your loved ones can keep more of your property.”  
“Even if you have a plan, it’s a good idea to review it from time to time,” Getman said. “Changes in the law, family, business and other life circumstances can have sweeping effects on your plan. This week is a perfect time to look over your existing plan to best protect you and your family.”
According to Getman, anyone looking for a local estate planning lawyer may be able to obtain assistance by calling the New York State Lawyer Referral and Information Service at 1-800-342-3661 or visiting them online at www.findalawyernys.org.
National Estate Planning Awareness Week was established by Congress in 2008 to help consumers understand estate planning and its importance, along with how best to create a qualified team of professionals to assist in the estate planning process.   
The Schuyler County Attorney is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including estate claims, adult protective cases and tax matters. Among the agencies the office represents are the County Treasurer, Office for the Aging and Department of Social Services.
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getmanlaw · 1 year
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Second Amendment Legal Update, October 2023
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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. For a complete copy of this month’s report, click here.
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getmanlaw · 1 year
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Schuyler County Honors Sept. 17 as Constitution and Citizenship Day
Watkins Glen, New York--The Schuyler County Legislature is recognizing Sunday (September 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 September 14 meeting.
September 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 September 17 as Constitution Day and Citizenship Day.
A complete copy of the county’s resolution is available here.
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getmanlaw · 1 year
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Second Amendment Legal Update, Sept. 2023
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.  For a complete copy of this month’s report, click here.
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getmanlaw · 1 year
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Schuyler County Officials host adult protective event September 26
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The adult services division of the Schuyler County Department of Social Services welcomes the public to a series of trainings on prescription drug abuse, human trafficking and identify theft.
“Seniors and vulnerable adults are being coerced/forced to participate in illegal activity,” the announcement reads.  It also notes they can get trapped by identify theft and money scams.
The program looks at ways to identify illegal activity and how to guard against it.
The trainings will be conducted by former New York State Police Instructor Michael Bruggman.  Bruggman provides training to various groups including law enforcement, corrections officers, medical staff, teachers, substance abuse counselors, community groups and others.
The event will be held on September 26 at the Schuyler County Human Services Complex, 323 Owego Street, Montour Fall, New York.
As part of the events there will be a simulated drug paraphernalia display set up for the entire day.  All items are safe and will contain no illegal or dangerous substances. 
For more information, or to RSVP, contact the Schuyler County Department of Social Services Adult Protective Division.  
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getmanlaw · 2 years
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Schuyler County: Gideon's Day Celebration is March 17
The Schuyler County Public Defender's Office is holding an Open House on Friday, March 17th from 2pm to 4pm. It will be celebrating the 60th Anniversary of the Supreme Court Decision in Gideon v. Wainwright:
Gideon v. Wainwright is a landmark case in which the U.S. Supreme Court ruled on March 18, 1963, that the 6th Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
Clarence E. Gideon was charged with felony breaking and entering in a Florida state court. He requested an attorney, but the judge denied him because it was not a capital case. With only an 8th grade education, he represented himself and was convicted after a trial. He appealed all the way to the U.S. Supreme Court who ruled the 6th Amendment requires the state to provide an attorney because he could not afford one. Upon retrial Mr. Gideon was acquitted by the jury after only an hour of deliberation.
Please stop by to enjoy some treats, talk with our staff, and learn more about the important role public defenders and defense attorneys have in our criminal justice system and the service they provide to our community as a whole.
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getmanlaw · 4 months
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2024 Schuyler County High School Graduate Essay Contest Announced
The Schuyler County Republican Committee is inviting local high school graduates to enter its 2024 Constitutional Essay Contest.
According to GOP Chair Maryann Friebis, one graduate will be selected to win a $1500 award. The winner will be selected based upon an essay on one of the following topics:
1. The interaction between the 14th Amendment and the 10th Amendment to the U.S. Constitution. 2. Does a constitutional right to privacy exist? 3. Do Second Amendment rights apply to persons residing in the United States in contravention to U.S. immigration law?
Judges for the contest will be Schuyler County District Attorney Joseph Fazzary, County Attorney Steven Getman and Public Defender Josette Colon.
The contest is open to any 2024 high school graduate (including home-schooled students) legally residing in Schuyler County who will be continuing their education or entering military service after graduation.
Entries must be submitted prior to 12:00 AM on May 27, 2024. Winners will be announced by the Schuyler County Republican Committee at a date to be determined. The winner will be notified after the judging has been completed prior to graduation.
For more information, and a complete copy of the contest rules and entry forms, contact the Schuyler County Republican Committee.  
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getmanlaw · 5 months
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Schuyler County Commemorates May 1 as “Law Day”
Law Day is Wednesday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2024 theme, “Voices of Democracy.”
The legislature passed a resolution at its April 8, 2024 meeting, recognizing “Law Day” as an occasion of public acknowledgement of our Nation’s heritage of justice, liberty, and equality under the law. 
The resolution was submitted to the legislature by Schuyler County Attorney Steven Getman.
“In 2024, the United States will hold its 60th presidential election, together with many federal, state and local elections,” Getman wrote. “The ‘Voices of Democracy’ Law Day theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and, finally, helping to move the country forward after free and fair elections.”
In passing the resolution, the legislature called upon all Schuyler County residents “to observe this day by lifting their voices to maintain our system of laws and to ensure that our republic endures through free and fair elections.”
The measure was introduced by Legislator Gary Gray (R- District VIII) and seconded by Legislator Michael Lausell (D-District III).  It was supported unanimously by the members present.
May 1, 2024 is the 66th Law Day. In 1958, President Dwight D. Eisenhower issued the first Law Day Proclamation to mark our nation’s commitment to the rule of law.   Each year the American Bar Association selects an annual theme for Law Day. 
A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2024 as ‘Law Day’ in Schuyler County” is available here.
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getmanlaw · 7 months
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Schuyler County officials unveil consumer pamphlets and information as part of National Consumer Protection Week
Watkins Glen, NY—Schuyler County officials are joining government agencies nationwide to commemorate National Consumer Protection Week.
The Schuyler County legislature has proclaimed the week of March 3 through March 9 as National Consumer Protection Week to provide information of interest to county consumers.   In addition, the Schuyler County Office for the Aging and Schuyler County Attorney will be providing tips and resources relating to consumer protection information to protect Schuyler County residents from falling prey to scams, fraud, and identity theft.
This annual event marks a time when government agencies work together to promote consumer rights and educate the public on how to spot, report, and avoid becoming a victim of consumer fraud.
“Scams and frauds, including identity theft and phishing are a massive problem in society today,” Schuyler County Attorney Steven Getman said. “If consumers learn about the best practices to keep their finances secure, they have a less likelihood of becoming a statistic. Every year Americans lose billions of dollars in losses and hardship.”
According to Office for the Aging Director Tammy Waite, seniors are an especially vulnerable target for scammers.
“Almost anyone under the right circumstances can fall for a phony offer or promotion, however, older Americans are usually more susceptible than others,” Waite said. “Scammers use promises of large financial gains or sometimes even romantic relationships to lure victims in, only to manipulate them into giving their life savings away.  They prey on our older citizens who are trusting, vulnerable and can sometimes unknowingly fall for a scam.” 
The Federal Trade Commission received 5.2 million victim reports describing more than $8.8 billion in losses to fraud in 2022 compared to $6.1 billion in losses the year prior. In that same time frame, investment scam losses more than doubled from $1.8 billion in 2021 to $3.8 billion last year.
To help combat scams, during Consumer Protection Week the County will distribute free pamphlets with website links and consumer protection information. The materials will be available at the County Office for the Aging, in Montour Falls, and the County Attorney’s Office in Watkins Glen. Information is also online at the county attorney website:  https://www.schuylercounty.us/123/County-Attorney
The Schuyler County Office for the Aging’s mission statement is to advocate for, educate and assist the senior and disabled populations of Schuyler County to live in the most independent and integrated setting through community collaboration providing for well-being/health, security, dignity, autonomy and choice through innovative home and community-based services.  As director, Waite Supervises and conducts social, educational, recreational, and health programs for senior citizens under the direction of the New York State Office for the Aging and the federal Administration for Community Living.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including civil adult protective cases.
A copy of the legislature’s resolution is available here: https://www.scribd.com/document/708588213/RECOGNIZE-NATIONAL-CONSUMER-PROTECTION-WEEK
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