Estimated reading time: 2 minutes
By Dean Weingarten
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, and executed a search on the residence at 430 Broadwater Ave.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case. The ATF and Billings Police Department conducted the investigation.
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Federal Attorneys have been very cautious about prosecutions under the Gun Free School Zone Act of 1996. They are likely concerned because of its dubious status under both the Commerce Clause and the Second Amendment. According to this correspondent’s recollection, a few cases have been filed, where the suspect were also felons.
Gabriel Cowan Metcalf does not appear to have a criminal record. This makes the federal arrest by federal agents a good candidate for a Second Amendment and Commerce Clause challenge. Second Amendment supporting organizations would do well to contact Mr. Metcalf to investigate the situation and the potential for a challenge of the federal Gun Free School Zone Act. School Zones are not on the list of “sensitive places” mentioned in the historical record, as regulations accepted, at the time the Second Amendment was ratified. The imposition of 1,000 foot zones around schools, where firearms may not be carried, effectively nullifies the right to bear arms.
As a direct challenge to a federal law, a Second Amendment challenge to the Constitutionality of the Gun Free School Zone Act looks like a good bet. No worries about “standing” in this case. The US Attorney may try to punish Metcalf with the process, for example asking for exorbitant bail, and trying to keep him locked up while the case is ongoing, pushing for a plea deal.
More information will become available shortly.
©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included: Gun Watch
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ATF needs to be totally dissolved and their agents sent home to find ditch digging jobs, so for once in their lives they can be useful to society. We DON’T need the ATF at all. They’re just a boil on the ass of the American public.
Exercising rights in a banana republic police state can be deadly. Those oath keepers will shoot anyone at the drop of a hat.
Middle finger not big enough for the dipshittery going on here.
The story states there were several calls to the police over a 15 day period but I have never heard about any interaction with the police in any articles that I have read or videos I have watched.
They say he was in his yard and on the sidewalk in front of his house. The sidewalk that he has to keep clear and is charged for any repairs or replacement cracked or raised squares? So if you are open carrying and clearing leaves, grass clippings, etc off your sidewalk, you are now public property and in violation of the law. STUPID! Is the whole case based on the fact he stepped on the sidewalk in front of his house only?
The 1000 ft rule is ridiculous. Does anyone think this would stop evil people from going to a school and shooting children and teachers if that was their intention? As If they are going to be stopped because they are wanting to be charged with a gun in a school zone. We have seen several times that it does not! Again, it just means that there is nobody there with a firearm to try to stop them.
If this gentleman was not threatening people without due cause, then he is being persecuted for exercising his rights.
Vince aut Mori
Mortem Elitists
Mortem Tyranni
Mortem ad Tyrannidem
Si Vis Pacem, Para Bellum
Molon Labe
He was open carrying a rifle? Where did that information come from? Whether a concealed carry license will save you may vary from state to state. Stay safe.
These legislators want to pass unconstitutional laws to “feel good “, even if they are indefensible. A waste of time for the legislature and the money of the taxpayers. Do something useful with your tax dollars.
so many schools around i doubt there would be any place in the free world that would allow guns
Mr. Metcalf lives across the street from a school. He could have stayed on his own property and not violated the Act, but instead he made it a practice to walk back and forth on the public sidewalk in front of his home carrying a rifle when students were arriving or departing from school. His conduct suggests that either he is crazy or that he was setting up a challenge to the Act by getting arrested.
However, as Dean argues, there are serious constitutional issues with the 1000′ exclusion zone. The idea behind it was to keep drug dealers and gang bangers as far from schools as possible, yet experience shows that it is literally impossible to move around most if not all towns without crossing through one or multiple school zones. To avoid violating the law, one must have his firearm(s) unloaded and in a locked container or have a a concealed weapons permit. Open carry off private property is strictly prohibited in any of these zones.