Gun Free School Zone Case Sees Metcalf Accept Plea, Appeal Expected

AmmoLand ^ | March 27, 2024 | Dean Weingarten

[marktwain]

Gabriel Metcalf of Billings, Montana, has accepted a plea deal in the Gun Free School Zone (GFSZ) case, which has been extensively covered by AmmoLand. The plea deal appears to be for probation only, with forfeiture of the single-shot Rossi shotgun and six rounds of ammunition. There is no mention of a fine in the plea agreement. The right to appeal is preserved on page 7 of the agreement.

The plea deal specifically preserves the right to appeal the conviction based on the motion to dismiss entered on October 10, 2023. The motion to dismiss made two arguments. First, the claim was made Gabriel Metcalf was covered by the exception at 18 U.S.C. §922(q)(B)(iii), where the Montana statutes specifically create an individual license for the federal law. Second, §922(q)(2)(A), the GFSZ law, is an unconstitutional infringement on the right to keep and bear arms, protected by the Second Amendment of the United States Constitution.

The Gun Free School Zone Act was initially found to be unconstitutional in 1995, in U.S. v Lopez, because the United States government did not have the authority to regulate the mere possession of a firearm within a thousand feet of any school.

President Bill Clinton and Attorney General Janet Reno lobbied for a change in the law, declaring if the firearm had moved in interstate commerce, the federal government had the authority to regulate possession of the firearm. The change was passed as part of a larger spending bill. Eight circuit courts of appeal have ruled on the constitutionality of the law based on the wording change. Five have ruled the wording change cured the constitutional defect. Three have ruled the change did not cure the constitutional defect.

[marktwain]

The case can only be appealed if Gabriel Metcalf was found guilty, either by pleading guilty while reserving the right to appeal, or by being found guilty at trial.

Judge Susan Waters, in Billings, MT, is the only judge which has ruled the Gun Free School Zone act does not infringe on the rights protected by the Second Amendment.

[KrisKrinkle]

“No evidence would be allowed showing valid reasons to possess the firearm for the defense of self and others.”

“The constitutional argument would not be allowed at trial.”

“The recording of Gabriel Metcalf calling federal officers to ask for help because of perceived local police misconduct would not be allowed at trial.”

“An estoppel defense, where the defendant relies on information given by local police, would not be allowed.”

It escapes me how defense arguments like the above, especially the Constitutional one, can be disallowed.

[eastexsteve]

It escapes me how defense arguments like the above, especially the Constitutional one, can be disallowed.

Not to change the subject, but Trump might have some enlightening input on this.

[marktwain]

It escapes me how defense arguments like the above, especially the Constitutional one, can be disallowed.

Judges have blocked any discussion of the constitutionality of a law before a jury for many years. It seems to have been going on for a very long time. I do not recall when juries have been allowed to hear a defense the law itself is unconstitutional.