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  1. #1
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    Default US Senate Candidate Troy Downing's FWP Citations

    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, Letís 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 personís 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.

  2. #2
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    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?
    "There are no words that can tell the hidden spirit of the wilderness, that can reveal its mystery, its melancholy, and its charm." ~TR

    "He was a mighty hunter before the Lord." ~Genesis 10:9

  3. #3

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    ...
    Last edited by Southern Elk; 09-28-2017 at 12:27 PM.
    "The mountains are calling and I must go." - John Muir

  4. #4
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    Default

    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.

  5. #5

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    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.

  6. #6
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    ... 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".

  7. #7

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    Quote Originally Posted by Straight Arrow View Post
    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.co...paign=bozchron

    Kat - Nice work.
    get over it commies..
    JWP58

  8. #8
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    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.

  9. #9
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    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.

  10. #10

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    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...

  11. #11

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    Give the guy his day in court first.

  12. #12
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    Quote Originally Posted by rammac View Post
    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.
    "I'll put some whiskey into my whiskey"

  13. #13
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    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...................

  14. Default

    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.

  15. #15

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    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:

    Downingís 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.
    Last edited by Ben Lamb; 09-29-2017 at 08:00 AM.
    get over it commies..
    JWP58

  16. #16

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    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.

  17. #17
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    Documents reveal new details in U.S. Senate candidate’s alleged hunting violationshttps://www.bozemandailychronicle.co...d631d0e84.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.

  18. Default

    Quote Originally Posted by Ben Lamb View Post
    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.

  19. #19

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    I think we should do as Greenhorn suggest. Let's give him a fair trail before we hang him.
    get over it commies..
    JWP58

  20. #20

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    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.
    "The mountains are calling and I must go." - John Muir

  21. #21

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    Wow. Not a good look for someone asking to be elected to a position of trust. If was me, I would be out in front of the issue with a statement of the facts that show this is a misunderstanding. Silence is not a good look to what is not a good look. That would be Bad Look Squared.

  22. #22
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    ...a statement of the facts that show this is a misunderstanding.
    Unless the information printed in the CHRONICLE article is not factual, I don't think he wants the facts and circumstances publicized, Senate candidate or not.

    Rhetorical question: Even if Mr. Downing is clean as a whistle, do we want yet another millionaire club, high roller, part-time Montanan, mostly loyal only to party and big industry kind of Senator to represent Montana in the swamp??

  23. Default

    Quote Originally Posted by Straight Arrow View Post
    Unless the information printed in the CHRONICLE article is not factual, I don't think he wants the facts and circumstances publicized, Senate candidate or not.

    Rhetorical question: Even if Mr. Downing is clean as a whistle, do we want yet another millionaire club, high roller, part-time Montanan, mostly loyal only to party and big industry kind of Senator to represent Montana in the swamp??
    Nope. I say we go with Ben Lamb's final suggestion. Give him a fair trial and hang that California grape squisher. (Rhetorically speaking of course)

  24. #24
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    His being a combat veteran has nothing to do with this. The recent ass that shot up a church in Texas was a vet. The man in Bozeman whose daughter ran into my parked suburban, who works with a veteran fishing 501C3, lied about the following communications and his piddly, undervalued, supposed offer from his insurance company. They didn't even know that his daughter was driving the company truck when the accident occurred. I had to track down his insurance company and get it taken care of after he lied and stalled for 4 months. While I greatly respect work done with veterans, especially since my father was an Air Force veteran, this is simply smoke and mirrors and a tribalism call.

    Also, what he contributes to charitable groups, that are tax deductible, has no bearing on whether or not violations were committed.

    Troy Downing Campaign Statement on Alleged Hunting Violations

    November 8, 2017
    Contact: Kevin Gardner

    First and foremost, itís no surprise that a Democrat judge, appointed by Democrat Gov. Schweitzer would release details of this case before Troy is afforded due process in the court of law. These are the same politically motivated tactics that were used by the left on President Donald Trump. Obviously the swamp doesnít exist just in Washington D.C.

    This is nothing more than an orchestrated attack on a combat Veteran by Senator Testerís allies who are desperate to stay in power. These moves are obviously politically motivated and makes a mockery of the judicial process.

    We arenít going to litigate this issue in the press and we think it is absurd that the press feels its appropriate for us to argue a legal case that hasnít even been tried yet.

    After enlisting in the United States Air Force in 2001, Troy Downing was called to serve 2 tours in Afghanistan. He spent 8 years in service defending our freedoms. He has owned property in Montana since 2000, and has been a full time resident in Montana since being honorably discharged in 2009. He also joined the Montana VFW (Post 12112) and the Montana American Legion (Post 30) after returning home. Troy is proud to call Montana home.

    Itís unfortunate the liberal Montana FWP deep state is on a witch hunt, going after a combat veteran that is a part of a charity organization that helps our wounded warriors recover through fly fishing in Montanaís natural setting.

    Troy spends tens of thousands of dollars to support our wounded warriors in fishing trips in Montana, and, he overpays by tens of thousands of dollars to fish and hunt to support other charities here in Montana. It makes no sense that he would try to skirt a small difference in a resident vs non-resident license in Montana.

    Troy loves the outdoors, hunting and fishing in Montana. He would never intentionally do anything to violate that passion for conservation and preservation, what all Montanans value. He is confident this issue will be resolved very quickly.
    Last edited by katqanna; 11-08-2017 at 12:25 PM.

  25. #25
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    katganna

    Love your voice. I agree some of the time. I admire the passion. I worry that your drive for public lands turns too political.

    Your response is that it is politics. You do good work and I commend your for it.

    Do what you do!

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