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Gun Free School Zone Case Update: Metcalf Out of Jail
AmmoLand ^ | September 26, 2023 | Dean Weingarten

Posted on 09/30/2023 4:22:06 AM PDT by marktwain

Gabriel Metcalf is out of jail, but with a GPS ankle monitor, for which he must pay $9.50 daily or nearly $300 monthly.

In the Gun Free School Zone case in Billings, Montana, Gabriel Metcalf had pre-trial detention without bail changed to release on his own recognizance due to the facts and the excellent work done by his Federal Defender, Russell Hart. Judge Cavan realized Gabriel was not a threat and released him with some restrictions.

As Gabriel was about to be released, the Yellowstone Detention Facility administration told him he could not leave.  Someone had discovered a warrant for his arrest. Russell Hart said something to the effect of: we have an order from the judge for his release.

The response was, you are a federal attorney. This is a local matter. You have no say in local matters. The warrant was said to exist but was not served until Saturday in court. At some point on Saturday, Gabriel was brought before a local judge, who approved of bail with restrictions. Gabriel was not supplied with a public defender at this point. If the defendant pleads “not guilty,” it is not required for an attorney to be present at the initial appearance. Law enforcement sources have verified this is considered a valid tactical timing decision.

One of the restrictions is for Gabriel to wear a GPS monitor. Metcalf is required to pay $9.50 per day.

The primary concern at the moment is for Gabriel to obtain adequate counsel for the local charge. The jail records show the local warrant, which was never served, was for misdemeanor assault from three years ago. This was an incident of one person’s word against another’s. The police were unaware of this warrant before Mr. Metcalf was charged with breaking the Gun Free

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KEYWORDS: banglist; gunfree; mt; school
Nearly $300 a month is a significant charge when you are living very frugally.
1 posted on 09/30/2023 4:22:06 AM PDT by marktwain
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To: marktwain
The jail records show the local warrant, which was never served, was for misdemeanor assault from three years ago.

Is an 3 year old unserved warrant legally a warrant?

2 posted on 09/30/2023 4:32:41 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: Texas Fossil

Yes, old warrants are still good. One wonders how much the witnesses remember of the event. What is odd is the police claiming, several times, that Metcalf was doing nothing illegal, so they could not arrest him for exercising his constitutional rights, while all the time this warrant for his arrest was available.


3 posted on 09/30/2023 4:46:56 AM PDT by marktwain
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To: Texas Fossil

Metcalf was served the warrant when he was taken to the City Court in the Yellowstone County Detention Facility, as I understand it.


4 posted on 09/30/2023 4:48:10 AM PDT by marktwain
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To: marktwain

Yes. Strange.

Is the Gun Free School Zone charge a federal law?

I’ve read that that is a trap set for even CCP holders traveling in other states, where permit is reciprocal.


5 posted on 09/30/2023 5:04:03 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: Texas Fossil

Yes, the GFSZ law is federal. No such state law in Montana.


6 posted on 09/30/2023 5:52:32 AM PDT by marktwain
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To: marktwain

After I asked, I read the article. It was as you told me.

We have very serious problems with Federalism. The constitution intended the Federal Government’s power to be narrow and for the states themselves to do what made sense for their state. Not one massive cookie cutter approach.

Currently, DC is totally rogue. The powers in control act totally ignoring the chains of the Constitution. The #ComDems believe they are totally above the law.

This one specific federal law is problematic. By just driving through some states and within the prescribed distance from a school it creates instantly a felony.

There is a fix without special legislation. Simply return the responsibility for education to the States. Eliminate the Federal Department of Education. The Department of Education is a negative contributor toward improved education. It is only about maintaining Federal control of something the founders would have prohibited if they could imagine it.


7 posted on 09/30/2023 6:08:50 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: marktwain

Just call the Govoner played by Kevin Costner;) Apparently he is a shark amongst thieves.


8 posted on 09/30/2023 6:40:39 AM PDT by Jumper
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To: Texas Fossil

“The constitution intended the Federal Government’s power to be narrow and for the states themselves to do what made sense for their state. Not one massive cookie cutter approach.”

Yes, but how would we ever get to a one-world government if we did that?


9 posted on 09/30/2023 10:23:37 AM PDT by unlearner (RIP America. July 4, 1776 - December 13, 2022 . )
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To: unlearner

Yes that is their intent.


10 posted on 09/30/2023 10:25:45 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: marktwain
Metcalf was never considered a threat but was seen as an Example pour encourager les autres.
11 posted on 09/30/2023 10:32:57 AM PDT by arthurus ( covfefe m)
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