Criminal Complaint Filed in Montana Gun Free School Zone Case

A preliminary appearance has been scheduled for Gabriel Cowan Metcalf on the charge of possessing a firearm in violation of the federal Gun Free School Zone Act in Billings, Montana. The Gun Free School Zone Act is a controversial law that had been found to be unconstitutional in 1994 and then was slightly altered. It has not been considered by the Supreme Court since 1994, long before the Heller, McDonald, and Bruen decisions. The preliminary appearance will be on Monday, 28 August, at 9 AM. The criminal complaint has been posted.

According to the criminal complaint, Billings Police had received “multiple calls” about Metcalf over a few weeks. Billings police officers had several contacts with Gabriel Cowan Metcalf but did not find any reason to arrest him. They tried to negotiate with him to curtail his walking in his front yard and around the neighborhood with a firearm, because they received several complaints of him being in the area with a firearm.

Gabriel Cowan Metcalf called the FBI to complain of Billings Police harassing him. ATF agents called Metcalf’s Mother on the phone number they had. She asked the agents to listen to Metcalf’s entire story; then, she gave a number for them to call Metcalf. The ATF agents called Metcalf and explained they were federal officers. Metcalf told them his story, including how he has researched the law pertaining to firearms. He has not had a happy experience with Billings Police Officers. Metcalf is 49 years old. Metcalf complained about not getting what he considered a proper investigation of his complaints. Much of Metcalf’s complaints involved his perceived threats from a neighbor, David Carpenter. Billings Police Officers have an “officer caution” about David Carpenter.

This is the criminal complaint from the ATF. There is much more to the story. The threats to Gabriel Metcalf, his mother, their home, and their pets are very real and well documented. Gabe was armed with a camera as well as his single shot shotgun. The police had told him and his mother they could not enforce the restraining order against the people stalking and harassing them with out evidence. The camera was to obtain evidence; the shotgun to protect against the threat.

they received several complaints of him being in the area with a firearm

So if I call the cops and complain that someone is walking around with a bottle of water will they show up and investigate that?

What should happen in these circumstances is that the folks complaining should be told that the activity is legal and have it end there.

But, like the seatbelt laws, the complaint serves as a plausibly deniable excuse to "investigate" and find a crime.

It seems many, if not most of the complaints were ginned up by the school administration - they sent out "alerts" telling people to be vigilant about Gabriel. They did not talk to Gabriel or his mother before sending out the "alerts".

How much these "alerts" created a large number of complaints to the Billings Police, and how much this was used as a media campaign to demonize Gabe is unclear. It is likely to be a part of discovery in the future.

I suspect Gabe may be able to sue for slander if he were described as a "menace" or a "threat". It is hard to create a civil suit when you are poor as a churchmouse and are being held in pre-trial detention without bail.

I have read a legal document Gabe submitted over a year ago. He writing has clarity, probably about at the level of a Masters degree. I suspect he is self-educated; he may have a college degree.

His major crime appears to be naiveté, belief the police should protect him, his mother, there home and pets, and enforce the law, belief the FBI would uphold the rule of law and was there, in part, to "police the police".

“His major crime appears to be naiveté, belief the police should protect him, his mother, there home and pets, and enforce the law, belief the FBI would uphold the rule of law and was there, in part, to “police the police”.”

It appears from the story that the problem is David Carpenter, not Gabe. And Carpenter is so dangerous that the police wouldn’t even interview him in person “To increase officer safety...”

I hope Gabe prevails.

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