Gofundme for Article 78 - Broome County

[OwnTheRide]

UPDATE: I will ship my homemade bacon to anyone who kicks in $200 or more. See this post for more details.

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Just found out about this and donated $100. I will donate another $50 for every NYGF member that PMs me proof of their donation, no matter the size, up to $1000 total. That's right - you donate $5, I'll donate another $50 in response. A little snippet from the gofundme email receipt is good enough - example shown here:



Funds needed to fight anti-gun NY Judge, organized by Jack Strickland

Judge Mark Young of Broome County has denied my pistol permit application without citing a legitimate reason. I have no criminal convictions or anything in my background that prohibits me from purchasing or possessing firearms. Young is blatantly defying both the Second Amendment and the Supreme Court's NYSRPA v. Bruen decision. My plan is to fight this injustice in court with an Article 78 proceeding. I am asking for donations because this battle may involve multiple appeals, and legal fees do not come cheap.

 

[subsonic]

So wait, Tioga county pistol permit applications and amendments are being decided by Broome County supreme court judges sitting for Tioga County? Not the Tioga County Court judge?

Is Mark Young reviewing all Tioga county applications, or was this assigned randomly or due to unavailability?

 

[FrankenCub]

He may be in a part of Appalachian that's still in Broome Co. I'm in Marathon, but barely in Broome Co.

 

[FrankenCub]

Mark Young is a family court judge. Why the fuck does he have any decision in the matter?

 

[Uninformed and Compliant]

Mark Young is a family court judge. Why the fuck does he have any decision in the matter?

...or any Judge, for that matter. Since when does any right require adjudication?

OP has standing to file criminal complaints against that judge:

Coercion 3rd under Section 135.60
https://codes.findlaw.com/ny/penal-law/pen-sect-135-60/

Official misconduct under Section 195.00
New York Consolidated Laws, Penal Law - PEN § 195.00 | FindLaw

Obstruction of governmental administration under Section 195.05
New York Consolidated Laws, Penal Law - PEN § 195.05 | FindLaw

Also may be some stuff floating around from 200.20+.

Reminder: "Qualified Immunities" and such DO NOT APPLY TO CRIMINAL ACTS.

 

[Saltwater60]

Thanks for sharing and I donated.

 

[ManualF150]

Mark Young is a family court judge. Why the fuck does he have any decision in the matter?

It's the same I believe in Oneida County... Judge Dwyer.

If I'm wrong, someone please correct me.

 

[FrankenCub]

I finally watched the video, so the guy is in Tioga County. Why is Tioga going through Broome courts? My nephew has his permit for Tioga, through Tioga court.

 

[Russ Woody]

I have a friend in Tioga county that often visits PA to go have a couple beers with his friends. He was moaning about not having a PA pistol permit. I reminded him that Tioga county has a reciprocity agreement with PA.

Sorry for thread derail

 

[FrankenCub]

I have a friend in Tioga county that often visits PA to go have a couple beers with his friends. He was moaning about not having a PA pistol permit. I reminded him that Tioga county has a reciprocity agreement with PA.

Sorry for thread derail

And a PA permit is only $20 and 20 minutes.

 

[OwnTheRide]

I finally watched the video, so the guy is in Tioga County. Why is Tioga going through Broome courts? My nephew has his permit for Tioga, through Tioga court.

My best guess is that he was in Tioga when he was previously denied, and now is in Broome. But I'm just guessing.

 

[OwnTheRide]

And a PA permit is only $20 and 20 minutes.

And a reciprocity agreement isn't required. Any sheriff that refuses to accept an application for an LTCF is breaking the law.

 

[OwnTheRide]

Two people from NYGF donated last night and PM'd me to let me know. As promised, here's my $50-per-donation match:



16 more $50 donations to go! All you need to do is donate any amount of money and I'll throw in another $50 in response!

 

[Steal2B]

It is my understanding Young was served at his Brevity Ct address today.

 

[OwnTheRide]

Another NYGF member added to the gofundme yesterday, and here's the $50 I kicked in with it!

 

[Acer-m14]

NYS Civil Rights

NYS Open Legislation |

www.nysenate.gov

ohhh and what does section 4 say ..

 

[spat]

And a PA permit is only $20 and 20 minutes.

And an AZ permit is completely optional.

 

[Jsmegs77]

It is my understanding Young was served at his Brevity Ct address today.

I’m not sure why they’d try to serve him at work. You can guarantee the family court officers aren’t going to let the server in.

LOL @ Brevity… I used to be his UPS driver, apparently.

 

[FP1201]

And a PA permit is only $20 and 20 minutes.

Last I knew, PA would no longer issue you a Non-Resident CCW unless you ALREADY have a valid NY Handgun Licenses.
I'm surprised at the Tioga/PA reciprocity agreement and would like to learn more about it.

 

[byron]

Last I knew, PA would no longer issue you a Non-Resident CCW unless you ALREADY have a valid NY Handgun Licenses.
I'm surprised at the Tioga/PA reciprocity agreement and would like to learn more about it.

Was just there last week to renew mine you need ccw from your state to receive non resident they has it posted on the board right next to the clerks window only agreement I know of is in this article

Chemung, Tioga counties strike reciprocal arrangement for nonresident pistol permits

A new deal will streamline the nonresident pistol permit application process for residents of Chemung County and Tioga County, Pennsylvania.

www.stargazette.com

 

[OwnTheRide]

Last I knew, PA would no longer issue you a Non-Resident CCW unless you ALREADY have a valid NY Handgun Licenses.

This is not a new development, it has been in PA law for quite a while.

PA § 6109

(e) Issuance of license.--


(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

[...]

(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. §921(a)(19) (relating to definitions).

I'm surprised at the Tioga/PA reciprocity agreement and would like to learn more about it.

About 10 years ago, PA counties along the border with NY started unlawfully refusing to accept applications from NY residents, citing a variety of reasons that are not authorized by law, such as being overloaded with non-resident applications, the fact that their residents had no ability to obtain a pistol permit in NY, or feeling that they are unable to conduct a proper investigation. While their reasons may be valid, their legal authority, and where it ends, is crystal clear: they can only deny LTCF applications for the list of reasons specified in PA § 6109.

Some sheriffs have tried to claim that by not accepting applications, they are not denying LTCFs, so therefore their actions are legitimate. Any lawyer can tell you that this is bullshit - what they are doing amounts to a constructive denial, and it is not authorized by law. Sheriffs who refuse to accept applications from non-residents are breaking the law.

A small handful of PA and NY counties entered into extra-legal (and possibly illegal) license-issuance reciprocity agreements with neighboring county, where the PA sheriffs agreed to accept applications from residents of the corresponding NY county, and NY licensing officers agreed to follow the law of NY and accept applications from PA residents of the corresponding county who also qualify as residents of NY. In other words, NY changed nothing and PA sheriffs of certain counties agreed to start occasionally obeying the law.

So, why does this unlawful policy of border counties refusing to accept applications from NY residents continue to stand? Simple: because no one has challenged it in a court of law. I came close, but the sheriff I was dealing with realized I was not bluffing, that I would pursue legal action, and thus accepted my application - taking away my standing to sue him into compliance (and setting precedent that this behavior was unlawful). But I didn't stop there... I posted a thread on the other forum offering to initially fund someone who had standing and was willing to challenge this violation of the law, but never received any volunteers (which I get, and don't blame people for not wanting to get involved to this level).

Think about that: a sheriff refused to accept my application. I reviewed the law with him, showed him that he had no legal authority to do so, and made it clear that I would take him to court over his unlawful actions. He contacted me two weeks later and told me he would accept my application. They know they are breaking the law.

 

[Steal2B]

I'm surprised at the Tioga/PA reciprocity agreement and would like to learn more about it.

There is not any. Bradford and Susquehanna counties that border Tioga County NY have no reciprocity agreement with Tioga, and they will not process a non-resident cpl for a valid NYS concealed carry permit holder. They never did have an arrangement with Tioga County NY. This information was confirmed with the sitting PA Sheriffs' offices and is clearly indicated on their respective Sheriff's department website.

There was a previous arrangement with Chemung County NY and Tioga County PA but the PA resident had to be retired police officer or own land in Chemung County NY. I am not sure if Tioga County PA is currently issuing nonresident permits to NYS concealed carry permit holders but they did a year or two ago.

 

[Defilade]

This is not a new development, it has been in PA law for quite a while.

PA § 6109




About 10 years ago, PA counties along the border with NY started unlawfully refusing to accept applications from NY residents, citing a variety of reasons that are not authorized by law, such as being overloaded with non-resident applications, the fact that their residents had no ability to obtain a pistol permit in NY, or feeling that they are unable to conduct a proper investigation. While their reasons may be valid, their legal authority, and where it ends, is crystal clear: they can only deny LTCF applications for the list of reasons specified in PA § 6109.

Some sheriffs have tried to claim that by not accepting applications, they are not denying LTCFs, so therefore their actions are legitimate. Any lawyer can tell you that this is bullshit - what they are doing amounts to a constructive denial, and it is not authorized by law. Sheriffs who refuse to accept applications from non-residents are breaking the law.

A small handful of PA and NY counties entered into extra-legal (and possibly illegal) license-issuance reciprocity agreements with neighboring county, where the PA sheriffs agreed to accept applications from residents of the corresponding NY county, and NY licensing officers agreed to follow the law of NY and accept applications from PA residents of the corresponding county who also qualify as residents of NY. In other words, NY changed nothing and PA sheriffs of certain counties agreed to start occasionally obeying the law.

So, why does this unlawful policy of border counties refusing to accept applications from NY residents continue to stand? Simple: because no one has challenged it in a court of law. I came close, but the sheriff I was dealing with realized I was not bluffing, that I would pursue legal action, and thus accepted my application - taking away my standing to sue him into compliance (and setting precedent that this behavior was unlawful). But I didn't stop there... I posted a thread on the other forum offering to initially fund someone who had standing and was willing to challenge this violation of the law, but never received any volunteers (which I get, and don't blame people for not wanting to get involved to this level).

Think about that: a sheriff refused to accept my application. I reviewed the law with him, showed him that he had no legal authority to do so, and made it clear that I would take him to court over his unlawful actions. He contacted me two weeks later and told me he would accept my application. They know they are breaking the law.

Think about that: a sheriff refused to accept my application. I reviewed the law with him, showed him that he had no legal authority to do so, and made it clear that I would take him to court over his unlawful actions. He contacted me two weeks later and told me he would accept my application. They know they are breaking the law.

He has NO business in that position!

 

[byron]

There is not any. Bradford and Susquehanna counties that border Tioga County NY have no reciprocity agreement with Tioga, and they will not process a non-resident cpl for a valid NYS concealed carry permit holder. They never did have an arrangement with Tioga County NY. This information was confirmed with the sitting PA Sheriffs' offices and is clearly indicated on their respective Sheriff's department website.

There was a previous arrangement with Chemung County NY and Tioga County PA but the PA resident had to be retired police officer or own land in Chemung County NY. I am not sure if Tioga County PA is currently issuing nonresident permits to NYS concealed carry permit holders but they did a year or two ago.

they do I was just there to renew mine WED

this is from 2019 Under the new arrangement, Tioga County residents who own land or work in Chemung County, frequently conduct business in Chemung County or are current or retired law enforcement personnel, can apply for a New York state nonresident pistol permit at the Chemung County Sheriff's Office in Elmira.

 

[OwnTheRide]

He has NO business in that position!

It's not so black-and-white. From his perspective, he is both required to accept nonresident applications and properly vet them, but he cannot do both, as he is unable to get a satisfactory background check for nonresidents. So, from his perspective, he is going to be in violation of the law one way or another - he is choosing the path that he believes will best serve the people of his county.

While I disagree with his perspective, I can see where he is coming from and understand the logic that led him to this conclusion.

My assessment of Lance Benedict - Susquehanna County Sheriff, the one I had this interaction with - is that he is a decent and fair person who is trying to do his job to the best of his ability. If the person he presented to me during our interactions is the person he is every day, then I think he is probably a good sheriff who is working to satisfy the needs and interests of his constituents.

I'll also note that he was visibly agitated any time I stated that he was in violation of/breaking the law. I backed off using that phrase as it wasn't going to help anything, regardless of its factual nature. I think it's a good sign if an LEO is bothered by the possibility that he is not following the law.

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Here's a story of my next interaction with Sheriff Benedict. The last one took place in 2016, the first year I needed to renew my LTCF. Five years later, in 2021, I needed to renew again. I went down to the sheriff's office and they handed me two sheets of paper - one was the LTCF application, and the other was a form telling me to list my places of employment and addresses for the past X years.

Now, PA has a very straightforward law concerning applications, and it is part of PA § 6109 that I linked earlier. Here's the relevant snippet:

(c) Form of application and content.--The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police. The form may contain provisions, not exceeding one page, to assure compliance with this section. Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police.

In other words, PSP creates the form, and issuing authorities - sheriffs, for the most part - can ONLY use that form. They cannot modify it, they cannot add to it, they cannot require additional forms for the applicant to fill out.

So, I turned in my LTCF application and left the second form blank. The clerk told me I had to fill out the form, I informed her that requiring me to do so was against the law. She engaged a deputy, the deputy engaged Chief Deputy Jon Record, and he in turn called in Lance Benedict. I discussed the matter with Sheriff Benedict and showed him the law. While obviously frustrated, he nonetheless took me back down to the clerk and told her to process my application without the additional form.

A few more comments:

1) I was issued my renewal on the spot. But, two days later, they called the references I listed on the application. This was the first time my references had ever been contacted. While totally legitimate for them to do, it definitely tasted like an attempt at reprisal, or a fishing expedition to find a way to screw me. Now, to be clear, it's entirely possible that they started contacting references as part of their normal procedure.

2) The hardest part about all of this is getting past the "know-it-all-NYer-trying-to-tell-PA-sheriffs-how-to-do-their-job" perception. We all know that other states think we're all rude and entitled NYC people. I'm not going down to PA to try and cause trouble or tell them what to do, but I am not going to sit idly by and watch a sheriff violate the law without calling him out.

3) The first time I challenged the sheriff, in 2016, I was nervous as all get-out - sweating, stumbling over my words, etc. The second time, in 2021, I was not. It gets easier the more you do it!

 

[FP1201]

When I first obtained a PA Licenses, it wasn't a requirement...'course that goes back to about 2006
Renewed it a few times, I think the last one expired several years ago...maybe I'll take a ride down to Williamsport next time we're down that way...I wonder if the Lycoming Engine Plant offers tours?
"Grizzly" used to have a Tent Sale down there a coupe times a year....bought a LOT of stuff!

 

[kev74]

Done!

 

[OwnTheRide]

Done!

And done!

 

[OwnTheRide]

I will up the ante: anyone who kicks in $200 or more will receive a shipment of multiple sleeves of my homemade bacon, in the available flavors of your choice. I've made hundreds of flavors, here's some of the most popular:

- Habanero Bacon - not nearly as spicy as you might expect, very flavorful, my best bacon. Cured with fresh habanero.
- Scorpion Pepper Bacon - hot as balls for any normal person. Chiliheads will say it has a little heat.
- Coffee Bacon - very tasty, and not at all what you'd expect. The coffee undertones come in very well.
- Moroccan Bacon - cured with Ras el Hanout spice mix, the aroma this makes when cooking is incredible
- Mexican Bacon - cured with spanish smoked chorizo spice mix and standard staple mexican seasonings.
- Cracked Peppercorn Bacon - plain bacon cured in pepper, with a cracked peppercorn crust. Very peppery, very good.
- Plain ol' Bacon - but 100x better than anything you can buy in the store

You can't buy this bacon anywhere. The only way to get your hands on it is to kick in and help fund this suit.

Disclaimers:

• I only have extremely hot bacon in the freezer right now, so unless you love heat, delivery will take ~1 month (as I'll need to make more)
• You'll need to share your address with me in order for me to ship it to you.
• I'll hand-deliver to anyone in/around the Binghamton region (it costs more to ship the bacon than it does to make it)

 

[S&W Fan]

Done