Posted on 12/20/2023 3:46:13 AM PST by marktwain
The case is being prosecuted against Gabriel Metcalf, 49-years-old. To sum up the case to present, Gabriel came to Billings about a decade ago to help his mother at a difficult time in her life. She needed a new roof on her house, because she had befriended a drug addict who took advantage of her. Gabriel is skilled in the construction trades. He was the child who answered his mother’s call, put on a new roof, and stayed to help his mother, Vivian.
A new neighbor rented the basement of the house next door, and became a serious threat. Vivian and Gabriel had an order of protection filed against the neighbor, who was eventually convicted of assault on Gabriel, violating the order of protection, and telephonic threats against another person. The neighbor is facing felony charges in a trial to start in January, 2024. The Billings police were of minimal help in this matter.
Gabriel felt compelled to protect himself and his mother. As the police had told them they would only prosecute violations of the protective order if he had video evidence, he took to sitting in his front yard with a single-shot 20 gauge shotgun and his phone, to provide deterrence and to capture evidence. Gabriel and his mother live across the street from an elementary school. The school was not in session.
Some people complained about Gabriel possessing a gun across the street from the school. The police contacted Gabriel. They said Gabriel was not violent, had not threatened anyone, and had no criminal record. A local leftist paper, the Billings Gazette, publicized the case, and made remarks that the police could do nothing. The Billings police said they might be able to get their friends in the federal government to help.
(Excerpt) Read more at ammoland.com ...
Montana Man Arrested by ATF for Carrying Gun in a School Zone
MT: Stalker in Gun Free School Zone Case Has 5 Criminal Convictions, But He’s NOT the One in Jail!?
There are 11 more articles in the series.
The GFSZ act is a serious infringement on the 2nd amendment.
But we must all admit ever since the GFSZ was enacted there has not been one single gun related incident in a public school and no school kids have ever been harmed in such schools by a gun. /s/
From what I got out of the article is the guy sat outside his home with the shotgun. Now this may be perfectly legal, but it’s something I would not do. To sit outside with a visible weapon will incite the leftists.
Personally I’d have just stayed inside, kept the weapon within easy reach at all times. Or if outside, kept the weapon concealed and within easy reach.
I’m so happy I live in the middle of nowhere, where I can take a weapon of choice, go outside our home and plink at targets anytime I want and no one will care.
> The GFSZ act is a serious infringement on the 2nd amendment. <
It most certainly is. And I wonder, suppose a hunter has a rifle on a standard gun rack in his pickup truck. He passes by a school on a public road. Is he in violation of the law? I tried to read the law. It’s a confusing mess. But it would seem he is in violation.
Anyway, it’s worth noting that Bush 1 signed the act into law. Once again, the GOP failed to stand up for individual rights.
All the Bushes are were one world orders from a long time ago.
In 2007 there was a GOP President, and the House of Representatives, and the Senate both had GOP majorities.
What we got were banned incandescent light bulbs.
The GOP is no friend to conservatives.
Having grown up in Montana, one would have been hard pressed to count the number of students’ vehicles parked at my school containing guns. We went hunting right after school. Today?…….
I hate it when that happens.
Does a concealed carry permit holder or a constitutional carry holder have to avoid driving within 1000 feet of a school?
EC
The Lopez case rendered the GFSZ act unconstitutional. Clarence Thomas wrote the decision. So Congress changed a few words and passed it again. Bush signed it.
The revised version hasn’t been litigated this far to my knowledge.
L
> Does a concealed carry permit holder or a constitutional carry holder have to avoid driving within 1000 feet of a school? <
I’m no lawyer, but from what I’ve read the permit holder would be okay but the constitutional carry person would not. It’s also worth noting that the law does not provide for permit carry reciprocity.
So let’s say you have an Arizona permit. That permit is recognized by Indiana. You drive past an Indiana school while carrying. That’s a felony, from what I can tell.
If you want to give yourself a headache, here’s the law:
https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990#Provisions
He passes by a school on a public road. Is he in violation of the law? I tried to read the law. It’s a confusing mess. But it would seem he is in violation.
= = =
Agree. Now, who would want to go after him? Depends on the cops, neighbors, friends and enemies, his attendance at city council meetings, etc.
And some states are worse than others. In CA you cannot carry an exposed, unloaded firearm in public. Like from your car to the gun shop. (My details may not be exactly correct.)
Cases have been appealed in eight circuits. Five have held the change of a dozen words healed the Constitutional defect. Three have held the change did not heal the Constitutional defect.
Thanks.
L
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