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.
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.
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
(Excerpt) Read more at ammoland.com ...
Is an 3 year old unserved warrant legally a warrant?
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.
Metcalf was served the warrant when he was taken to the City Court in the Yellowstone County Detention Facility, as I understand it.
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.
Yes, the GFSZ law is federal. No such state law in Montana.
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.
Just call the Govoner played by Kevin Costner;) Apparently he is a shark amongst thieves.
“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?
Yes that is their intent.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.