Gun Free School Zone Case Continues, Metcalf Trial Date Set

AmmoLand ^ | March 4, 2024 | Dean Weingarten

[marktwain]

In the ongoing Gun Free School Zone Act (GFSZ) case in Billings, Montana, the trial date is currently set for March 25, 2024. The process is a long and difficult one for Gabriel Metcalf and his mother, Vivian. Because this is a criminal, not a civil, case. Gabriel’s freedom is at risk. The current judge,  Federal District Judge Susan P. Watters, has ruled the GFSZ to be constitutional, and the Montana Establishment of Individual Licensure law is insufficient to be an exception to the GFSZ.

Going through the process of a challenge to the constitutionality of a criminal charge is much more difficult and punishing than challenging the law through a civil lawsuit. Typically, in a civil lawsuit, the risk of those bringing the case is to their finances. If they lose, they will lose the money they have put into the case. Federal civil rights cases are expensive. However, if you win, you are likely to have your legal fees paid by the government.  When you are charged with a crime and challenge it on constitutional grounds, your freedom and assets are both at risk. If you lose, you can be imprisoned and fined.

In the Gabriel Metcalf case, Judge Susan P. Watters cut off appeals until the case was decided by ruling the law to be constitutional. An appeal will only be possible if Gabriel is found guilty. He will have to undergo a trial and be found guilty before an appeal of the law to a higher court is possible.  In a civil case, the case can be stayed pending an appeal. It is this correspondent’s understanding this is not allowed in a criminal case, once the trial judge has ruled the law is valid.

[marktwain]

Because Judge Susan P. Watters has ruled the Gun Free School Zone law to be constitutional, and the Montana Individual Licensure law to be invalid, Gabriel will have to be found guilty before the case can be appealed.

[Bloody Sam Roberts]

Some details from the Ammoland reporter, Weingarten, would be nice for folks who’ve never heard of Gabriel Metcalf. Three links down into it on their website gives little on what this guy did.

[Daveinyork]

The inner cities are school free gun zones.

[marktwain]

No Bail on Non-Violent Gun Free School Zone Case in Montana

Montana Gun Free School Zone Case: Metcalf is the Victim, Threats, Poison, Assault, Attempted Arson

Gun Free School Zone Case Update – Metcalf Out of Jail?

[Bloody Sam Roberts]

TY