Posted on 08/29/2023 4:30:20 AM PDT by marktwain
ATF agents arrested Gabriel Cowan Metcalf for possessing a firearm in the controversial “gun free school zone” defined by federal law, on August 23, 2023. Federal law prohibits possession of a firearm within a thousand feet of a school. The law was found to be unconstitutional in 1994, re-passed with slightly different language in 1994, then re-passed with minor changes in 1996. It has not been subject to scrutiny by the Supreme Court since before the Heller decision in 2008. Under the Bruen decision, which reinforced the Heller decision in 2022, the gun free school zone act is blatantly unconstitutional. From justice.gov:
BILLINGS — A Billings man accused of illegally possessing a gun near a Billings elementary school appeared today in federal court on a firearms charge, U.S. Attorney Jesse Laslovich said.
Gabriel Cowan Metcalf, 49, had an initial appearance on a criminal complaint charging him with possessing a firearm within a school zone. If convicted, Metcalf faces a maximum of five years in prison, a $100,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Metcalf was detained pending further proceedings.
The government alleged in court documents that from Aug. 2 to 17, the Billings Police Department received multiple calls and weapons complaints regarding Metcalf, who lives at 430 Broadwater Ave., walking on the sidewalk and around the area carrying a firearm. Broadwater Elementary School is directly across the street from Metcalf’s residence. The sidewalk and streets in front of Metcalf’s residence are public property within 1,000 feet from the school and are a “school zone” as defined in federal statutes.
Bureau of Alcohol, Tobacco, Firearms and Explosives agents arrested Metcalf near his residence on Tuesday night, pursuant to a warrant issued by a federal judge,
(Excerpt) Read more at ammoland.com ...
With all of the license plate reader and database software fielded today, I would not be surprised to see leftist cities placing cameras on roads passing through school zones and having the police stop and search the vehicles of every CCW holder.
In the meantime, this guy has to come up with the money for bail and bear the expense of an aggressive legal defense. That seems to be the plan of the day for the current regime. Make ‘em poor even if you don’t get a conviction.
We can thank H.W. for that beauty of a law.
Don’t forget that the ‘instant background check’ data is now retained. Communism is here.
The atf should be forced to arrest just about everyone in Montana. Just about everyone is armed. In the small burg I lived in for a dozen years, you couldn’t go to town center and be outside 1,000 feet from the two schools. The elementary school couldn’t have been more than 500 feet from town center. The HS maybe another 200 feet. The gun shop I co-owned for a spell is close to being within 1,000 feet. I never once considered it. Reconsidering my first point, Montana should outlaw the atf and arrest any who dare to show themselves. The law is an ass.
MtnClimber wrote: “With all of the license plate reader and database software fielded today, I would not be surprised to see leftist cities placing cameras on roads passing through school zones and having the police stop and search the vehicles of every CCW holder.”
IIRC, the revised law exempts CCW from the law.
IIRC, the revised law exempts property holders on their own property even if within the GFSZ.
...given recent school shootings, seeing a man parade up and down a sidewalk across the street from a school was and is a legitimate concern.
It’s almost as if Metcalf wanted to test the law. If so, he got his wish.
I can carry my gun in car line in Alabama soong as I don’t get out of the car. I can also leave it in the car in the parking lot while I attend a football game. I don’t understand why the ATF yanked this guy. There must be more to the story... Which I did not read.
You are correct:
Pursuant to 18 U.S.C. § 922(q)(2)(B):
[18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
Pursuant to 18 U.S.C. § 922(q)(3)(B):
[18 U.S.C. § 922(q)(3)(A)] does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
We have reached the point where these test cases need to happen while the SCOTUS landscape is good. I feel for the people caught in the legal hassle without resources.
A Federal charge because of legally held firearm on a sidewalk out some ones house is clearly a test case for both sides of an argument. Depriving people of rights because they are traveling while armed down the streets that have schools seems insane to me.
Old crime free individuals are the ones who need to be charged according to the lawyers so rights lawyers do not loose interest or the case is blown apart by a plea in other cases against the defendant. By the time this case is decided it likely federal administrations will have changed twice.
Think many of us on the gun rights side are thinking of the children when we oppose “gun free zones” that end up being bigger targets for the criminally insane who know there is little resistance to be had in such zones for 3-35 minutes. A bit of fear of the community response is a good thing for a thief, a mob and a politician. Problem today is we have thief politicians supported by a mob, the civil society threat matrix has expanded.
Lawfare by democrat communist supported by useful idiot voters is rampant.
The Bushes were the worst of the Democrat Lite crew.
I wondered about that. I can say, it is not the case. More articles are coming.
My initial investigation shows Metcalf had good reasons to be concerned, there was/is an ongoing, credible threat, but I am waiting on receiving the documentation.
Another source has told me Billings has a high crime rate for Montana, the Billings Police are overwhelmed and very busy. This means a family faced with a threat are pretty much on their own.
Just don’t step on the sidewalk in front of your house, or you’re in violation.
Well now: I’ve broken federal law thousands of times since the last illegal passage of the so-called ‘law’ and continue to do so multiple times a day.
It should only apply to posted streets and areas. I had no idea this law existed. I did know of a school distance drug law.
It should have an exception for people properly carrying a rifle to/from a motor vehicle.
Thank you for the clarification. I still do not agree with any such law, but at least those with a CCW can pass freely.
And the unwritten law is that anyone with criminal intent carrying an illegal gun can also enter and leave a gun free school zone without being molested by authorities. And in some cases such criminals can safely shoot up a school while the cops huddle in fear while the kids are being murdered. Isn’t leftism a joy?
Unless the sidewalk were this man was arrested was a Federal Reservation the ATF agents were operating outside of there jurisdiction and should be charged with false arrest, false imprisonments and kidnapping.
Federal Officers have no jurisdiction outside of the District of Columbia, US military bases, Post Offices, Federal lands and US territories.
This Federal Warrant should have been executed by the local law enforcement or ignored by the same.
It is about time that the people of the United States returned to the practice of Federalism.
The US Federal Government has usurped powers not granted it by the Constitution.
Where I used to live there is an elementary school on top of a hill with a wooded area and very steep hill next to it.
The road into the school comes in on the opposite side of the school from the steep hill. There is a road at the bottom of the hill and a pull over area, from which you can’t see or know that there is a school nearby.
The police always told informants to set up their drug deals at the pull over area so they could arrest the person for selling drugs in a school zone.
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