US Senate Candidate Troy Downing's FWP Citations

[katqanna]

Now that I have finished my last moving load from Bozeman...

The following information concerns Republican U.S. Senate Candidate, Troy Bryan Downing's, FWP Citations and Montana County voting information. His Omnibus Hearing at the Gallatin County Justice Court is scheduled for November 15, 2017, at 1:30pm. Downing is running against current US Senator Jon Tester.

Back in August I read an article by Don Pogreba, Let’s Talk About Troy Downing For a Moment, questioning the Montana residency status of Montana U.S. Senate candidate Troy Bryan Downing.

I feel that elected lawmakers ought to be held to a higher standard when they serve the public, not a double standard, as though the laws don't apply to them. We need to elect candidates that uphold the laws, especially those that deal with our Public Trust.

Researching FWP Game Warden citation data for a wee bit now, I know one of the ways to access residency information, if a person hunts and fishes, is through their hunting & fishing license history. So I placed a FWP public information request for Downing's Montana history, as well as Alaska (from another news article) and California.

He only hunted in Alaska in 2001, showing California as his place of residency. California denied my Public Records Act request. However, I received my Montana information requests (PDFs at the web link above).

Troy Bryan Downing applied for Nonresident Conservation and Season Fishing licenses in 2002, 2003 and 2004. There were no records from 2005-2010. He applied for various Resident licenses in 2011-2017.

However, my other public information request was to see if there were any FWP citations; there were - 7 of them.

Per the FWP citations, 6 times, between 2011 and 2016 (except 2012), Downing applied for Resident licenses as a nonresident, in violation of MCA 87-6-303(1)(a) - "In that said defendant did knowingly or purposely or negligently commit the following offense: Nonresident license or permit offenses - Unlawful purchase of or apply for resident license by nonresident." There was an a 7th citation for 87-6-302 (1)(c) - "In that said defendant did knowingly or purposley or negligently commit the following offense: Unlawful procurement of license, permit, tag - Assist unqualified applicant in obtaining a license."

Montana FWP Residency Requirements. "A person who has physically resided in Montana as the person’s principal or primary home or place of abode for 180 consecutive days and who meets all the criteria listed below immediately prior to making application for any license is eligible to receive resident hunting, fishing, and trapping licenses... owning property in Montana does not in and of itself make an individual a Montana resident."

For those that aren't aware, a Resident license is less expensive than a Non-Resident license. A nonresident purchasing a Resident license is a theft to the agency which manages our public trust resources and habitat with those dollars. In my opinion, such a theft is not only illegal, but also unethical.

I also contacted the Madison County voting office, since the Montana Cadastral shows Troy Bryan Downing owning a parcel with the Yellowstone Mountain Club on Travertine Road since 2004. They stated he was registered to vote on Feb 22, 2012 in Madison County, but no voting record. I called Gallatin County and was told that Downing was registered on Aug. 2016, voted in the November general election and the May 2017 Special election with an address of 60 Upper Moose Hill Rd., Big Sky, MT.

 

[406LIFE]

This does not sound like a guy I want representing me. Caught 6 times applying for resident tags as nonresident is not a mistake, its a blatant disregard for the regulations. Sounds like money wasn't an issue, so what would make him do such a thing?

 

[Southern Elk]

...

 

[katqanna]

406, he wasn't caught 6 different times, he was caught recently for all of them. I noticed, looking at the citations, that he picked up his licenses mostly at different locations.

 

[Deleted member 28227]

It would be interesting to have the full story on this one given that residency rules can be tricky. Before I'm going to cast judgement on this specific incident I want to know if there was intent to deceive or if it was an honest mistake. In my mind there are two ways this could have gone down.

Case A:
Troy buys property, in MT registers to Vote, has a MT drivers license and lives in Montana more or less 180 days a year (often enough that he thinks its half the year), pays state income taxes on work he does while living in Montana, and has a CA Non Resident hunting license. Maybe owns three cars, one in MT and two in CA and for simplicity sake he has all three "garaged" in CA and with CA title and license. One day he gets checked by FWP and they ask him about his plates and his Resident license and he gets busted, he definitely violated the law... but is basically a resident he just didn't follow the rules to the letter.

Case B:
Buys a house in MT, comes to MT 3-4 weeks out of the year, works in CA, pays all taxes in CA alone, cars all registered in CA, CA driver's license votes in CA, and has a CA resident hunting license. Buys his first license at Walmart they don't ask to see any proof and then from then on he just gets a resident license every year and no one checks. Get's busted by a warden who asks to see his driver's license. In this case he is knowingly breaking the law and a total POS in my mind.

 

[Straight Arrow]

... if there was intent to deceive or if it was an honest mistake.

Either way it's an indicator for me. If "intent to deceive" then he's an unethical candidate. If "an honest mistake" then he's not competent to read, understand, and analyze existing regulations ... let alone voluminous proposed legislation, with tricky phrases like "pre-existing conditions".

 

[Ben Lamb]

Either way it's an indicator for me. If "intent to deceive" then he's an unethical candidate. If "an honest mistake" then he's not competent to read, understand, and analyze existing regulations ... let alone voluminous proposed legislation, with tricky phrases like "pre-existing conditions".

This. Ignorance of the law is no defense against it.

Also: https://www.bozemandailychronicle.c...r.it&utm_medium=twitter&utm_campaign=bozchron

Kat - Nice work.

 

[katqanna]

I just got back from the attorney's office on the Crazy Mountains (love Helena already) and saw the Chronicle article, then MPR called to interview about it.

I am going to see if I can get some of that information from CA. I don't need what species tags Downing may have purchased or other personal information, I just want zip, city and year to see about where he was listing residency.

Thanks Ben.

 

[rammac]

I don't like Tester at all and, unfortunately, I live in his district but I'm not about to knowingly put a crook in office and being a hunter and outdoorsman I won't be voting for Downing because of this info - but I will be checking out the rest of the Republican canidates (there are several). Hopefully I can believe in one of the other Republicans since the third party canidate isn't someone I could support either.

 

[u1299]

Well here's the way I see it, I'd have to be a nut job X 10 to consider voting for anybody other the Mr. Jon Tester so what this clown did or didn't do has no bearing on how I'll cast my vote.. just my opinion and I'm sticking to it...

 

[The Hedgehog]

Give the guy his day in court first.

 

[Schaaf]

I don't like Tester at all and, unfortunately, I live in his district but I'm not about to knowingly put a crook in office and being a hunter and outdoorsman I won't be voting for Downing because of this info - but I will be checking out the rest of the Republican canidates (there are several). Hopefully I can believe in one of the other Republicans since the third party canidate isn't someone I could support either.

Shaping up to be him or Rosendale. A staunch PLT supporter.

 

[onpoint]

Sounds like he'll be a great other bookend to the (less than) honorable Mr. Gianforte, and sportsman Steve Daines. BTW, I hear the fishing's great this time of year on Greg's place - Bozeman anglers, be sure to stop by, knock on his door, and get permission to fish the river...................

 

[Blackbart]

I'm with Wllm1313. There are different scenarios about how this could have happened. Collecting a bunch of data might give a paper trail but it doesn't answer the intent of the person. He'll get his day in court and have a chance to explain his side of the story, that part of America still stands innocent until proven guilty.

As far as being a representative, does anyone really believe they read and understand all of the mumbo jumbo in the bills that come across their desks? Not a chance.

Tester's been there long enough and seems to side with the party line from the left. Give me term limits and no career politicians.

 

[Ben Lamb]

Given that one of the charges is illegally transferring his license, I don't think we're looking simply at a case of misunderstanding the rules. Happy to give him his day in court, but 9 violations stemming from this investigation seem to show a callous disregard for our state wildlife management laws.

From the article:

Downing’s citations accuse him of illegally buying licenses in 2011, 2012, 2013, 2014, 2015 and 2016. The citation for transferring a license accuses him of loaning a 2011 Montana elk license to another for killing a bull elk. And the citation for assisting an unqualified applicant accuses him of helping his nonresident adult son obtain a 2015 Montana resident conservation, deer and elk licenses.

 

[The Hedgehog]

I don't believe much of what I read from the press, especially when it's about or from guys who fly their political party flag. I still think the guy deserves his day in court before being crucified. Pretty sure all the details aren't in the article. If he's guilty, let him have it.

 

[katqanna]

Documents reveal new details in U.S. Senate candidate’s alleged hunting violationshttps://www.bozemandailychronicle.com/news/politics/documents-reveal-new-details-in-u-s-senate-candidate-s/article_3a8b4bc9-9fa9-5eb6-88f2-f69d631d0e84.html

The warrant was initially sealed. However, Gallatin County District Judge John Brown unsealed the information on Oct. 17 at the request of the Gallatin County Attorney’s Office, which filed a motion for it to be opened to the public after Downing was charged...

According to the affidavit filed as part of FWP’s application for a search warrant:

The investigation began in December 2013 when the Montana Department of Revenue asked FWP to look into whether Downing met residency requirements for Montana hunting, fishing and trapping licenses. DOR said it believed Downing had illegally purchased resident licenses.

Downing had purchased resident conservation and season fishing licenses in 2014 and 2015. And in 2015, Downing purchased a resident conservation and season fishing license, a resident general elk license, a resident general deer license and a resident hunting access enhancement.

Income tax returns showed that Downing filed income taxes as a non-resident in 2013 and 2014 but as a full-year resident in 2015.

A Google search of Downing turned up a personal blog titled, “Troy’s World-Random Rants and Related Run-On Retarded Rhetoric.” There were multiple posts “that suggested Troy Downing’s time spent in Montana is seasonal at best,” according to the FWP application for a search warrant.

In several quotes from blog posts written in 2009 and 2010, Downing mentioned spending time with his family in his Montana vacation home and wrapping up time in Montana and returning home to California.

A 2013 Lone Peak Lookout article titled, “Man of Vision” in which “the author states, ‘This part-time Big Sky resident’s latest ventures include throwing grape-stomping parties at his working vineyard on his southern California property,’” the application said.

Several posts on Downing’s social media accounts also suggested nonresident status in the state as well as evidence of hunting and fishing activities during 2014 and 2015. Lloyd also noted that, at the time, Downing’s wife Heather had purchased non-resident Montana fishing licenses.

Posts on Downing’s public Twitter and Facebook accounts had multiple references to Sleeping Indian Vineyard in Fallbrook, California, being “home” at the time he had received Montana licenses. Photos Downing posted also showed his son wearing hunter’s orange and camouflage near Big Sky.

Records showed that in 2015, Downing’s son Dylan, who only had a California driver’s license, had purchased a resident conservation license, resident general deer license, resident general elk license, resident state lands hunt/fish/trap license and a resident hunting access enhancement license.

 

[Gerald Martin]

Given that one of the charges is illegally transferring his license, I don't think we're looking simply at a case of misunderstanding the rules. Happy to give him his day in court, but 9 violations stemming from this investigation seem to show a callous disregard for our state wildlife management laws.

From the article:

Agreed. Residency requirements can be a little trickier to satisfy than a simple reading would indicate. I can see some room for confusion with those citations. Transferring a tag and allowing his son to use his drivers licence to buy a resident tag when his son was a clear resident of California goes beyond confusion. I see intent to knowingly violate easily understood FWP laws.

Not someone I'd be excited about representing my interests.

 

[Ben Lamb]

I think we should do as Greenhorn suggest. Let's give him a fair trail before we hang him.

 

[Southern Elk]

As a new resident to MT, I can say that the residency requirements are tricky, but that's no excuse. I went by the region 3 headquarters and asked for them to change my address in the system, which the lady kindly did. She then told me exactly what she needed for me to bring back when I had lived here for 6 months in order to change my residency.