Challenge the Sheriff (again): 2021 Susquehanna County Non-Res Renewal Report

[OwnTheRide]

Some background: in 2011, I (a PRNY resident) attempted to apply for my LTCF in Bradford county. I was turned away, told that the references on my application must be from Bradford. Not knowing the law then as I do now, I simply went over to Susquehanna county and applied there. Permit was received a few weeks later.

As my renewal approached in 2016, I heard that border county sheriffs were refusing to accept applications from NY residents. So I contacted GunLawyer001. He helped me create a plan for how I was going to push against this unlawful behavior. I went to the Susquehanna sheriff's office, and as expected, they refused to accept my application. I spoke with Sheriff Lance Benedict and explained how these were unlawful actions that I would challenge in court, if required. He recognized this reality but appeared unwilling to back off. After about half an hour of discussion, he asked me to wait 2-4 weeks before going forward with a lawsuit, as he was in talks with the Broome County Sheriff for a gentleman's reciprocity agreement. Two weeks later, Sheriff Benedict called me and told me to come on down with my application. While this was a positive resolution in some respects, the reality was that he was continuing his unlawful behavior, but had removed my standing to do something about it.

Some background threads:
https://www.nyfirearms.com/threads/n.../#post-1331849
https://forum.pafoa.org/showthread.php?t=301862

So, here we are in 2021, and I am up for renewal again. The same unlawful policies are in place - not accepting applications from NY residents who are not from Broome County - but I still can't do anything about that. However, this time, the renewal notification included not only the LTCF application, but a second page asking additional questions about prior addresses and employers, going back 10 years. As we all know, §6109(C) is quite clear on this:

Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police.

So, I did not fill out the form.

When I arrived at the office and handed them my renewal application, they asked for the other form. I stated that I had received it but was declining to fill it out. The office assistant told me it was required, so I told her that the sheriff could request the information, but could not legally require it. She then asked the deputy nearby to intervene, and he in turn called out Chief Deputy Jon Record (this is all following the same pattern that it did in 2016). This time, Chief Deputy Record did not challenge me or attempt to goad an inappropriate reaction out of me, as he did in 2016. He stated that it was the sheriff's requirement, I told him it was unlawful for the sheriff to require it under §6109(C), and he responded that he was familiar with the law (from my experience in 2016, I believe he is). Chief Deputy Record then asked Sheriff Benedict to step in.

Just like in 2016, Sheriff Benedict explained his position. When I pushed back against him, he asked me to step into his office. Again, this is like a broken record. I stated the relevant section of PA law and he pulled it up to review it. He quickly realized I was correct, but that didn't mean he was happy about it. I spent some time trying to smooth things over a bit, as it was clear he was somewhat personally offended. He made comments along the lines of "maybe I'll just shut down NY permits altogether" and "maybe I'll just make people wait 44 days before I issue." I explained that I understood his position, and that he was well within his rights to make people wait 44 days, but that I felt such vindictive behavior should be far beneath the chief law enforcement officer of Susquehanna County. That I was not out of line, or being disrespectful, for expecting law enforcement officers to obey the law. That I understand and empathize with his position but that the proper venue for him to seek change was the legislature, not the citizens.

In the end, while I think I smoothed things over a bit, it was clear that he was still pissed. But I walked out the door with my renewed LTCF.

For the record, Sheriff Benedict says he is pro-2A, and I believe him. While his refusal to accept non-resident applications is clearly unlawful, his reasons for doing so (briefly, he is unable to conduct background checks he considers sufficient, for non-residents) are not entirely without merit. And, twice now, when challenged regarding an unlawful policy, he has acquiesced. Furthermore, the fact that he has repeatedly taken the time to listen and respond to my concerns is a very good thing. I wish he would follow the law to the letter, but I understand why he has taken the positions he has.

I will say this: I was much less nervous challenging the Sheriff this time around. I guess the more you do it, the easier it gets.

Here's hoping my 2026 renewal occurs without strife. I'll report back then.