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Posted on 09/25/2023 4:38:33 AM PDT by marktwain
The controversial Gun Free School Zone case, where Gabriel Metcalf has been in pre-trial detention for a month, has a detention hearing scheduled for 9 a.m. Thursday morning, September 21, 2022.
Russel Hart, the federal public defender for Gabriel Metcalf, asked for the hearing, citing new evidence that was not available at the first detention hearing. Shortly after Gabriel’s arrest, seemingly by an ATF/Billings Police Task Force, the hearing took place. The prosecuting attorney, Assistant United States Attorney Thomas K. Godfrey, had opposed the re-opening of the detention hearing. Godfrey indicated to Judge Cavan that he had sufficient information and that they offered no significant new information.
In this case, the hearing will likely have occurred by the time AmmoLand publishes this writing. Posting official results takes some time. We expect the results to be available by Friday evening.
The maximum penalty for possessing a firearm in a federal Gun Free School Zone is five years in prison. The statute says there can be a fine of up to $5,000. The initial press release by the United States Attorney’s office states the fine could be up to $100,000. Criminal penalties are complex, with many enhancements possible. Gabriel Metcalf’s case appears to be a simple, single count of possession of a firearm in a federal Gun Free School Zone outside of private property.
Much about the Gun Free School Zone law is unusual and peculiar. One paragraph states that they will treat the Gun Free School Zone offense as a Misdemeanor, with the exception of the potential five-year sentence. From 18 U.S.C. §924. Penalties for 922(q):
(Excerpt) Read more at ammoland.com ...
Thanks for posting the updates to this story.
Thanks. This guy is prima facie evidence that the BATF needs to be completely disbanded.
L
This law appears to be illegal and unconstitutional. Ripe to be challenged.
There was great debate around whether or not having a carry permit could insulate against some Gun Free School Zone violations.
Texans do not need a license to carry, but some gun owners still want one
"He emphasized that with permitless carry came the ability to have a gun without undergoing any training."
That's a scary thought.
I see you exercised your right to free speech without any training or license.......
I am going to steal that.
And what did the training do for the DA investigator the other day who shot himself while in the bathroom?
I still don’t get it.
He was charged with carrying on his own property.
The law has a specific exception for carrying on private property.
The criminal complaint alleges he was seen carrying on the sidewalk near his home.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
it may have been his sidewalk. my x-gf has an old house and the sidewalk is her responsibility as is the patch of grass and trees between the street and her sidewalk.
Which is considered an easement on his property which extends to the road and therefore still on his property.
“9’s and 40’s will break my bones, but words will never hurt me.”
I missed that!
“Dear Lord, protect me from myself.” LOL
Fulton County DA investigator 'accidentally' shoots herself in courthouse bathroom
"According to authorities, the investigator "accidentally" shot herself in the leg while inside the 4th-floor handicapped bathroom stall, Fox 5 reports."
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