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Posted on 10/02/2025 6:59:06 AM PDT by marktwain
The federal case against Gabriel Metcalf in Billings, Montana, under the federal Gun Free School Zone Act of 1990 (GFSZ), has been resolved in Metcalf’s favor. In a split decision, the three-judge panel on the Court of Appeals for the Ninth Circuit has ordered the case remanded to the district court and has ordered the case dismissed. From the Summary by Judge VanDyke (purchased on PACER account):
The panel reversed the district court’s order denying Gabriel Cowan Metcalf’s motion to dismiss an indictment charging him with possessing firearms within 1,000 feet of a school in violation of the Gun-Free School Zones Act, 18 U.S.C. § 922(q)(2)(A), and remanded with direction to dismiss the indictment.
The panel did not find the Gun Free School Zone law of 1990 to be unconstitutional. They found Gabriel Metcalf had a plausible belief that he fell under an exception to the law. The belief should have been taken into consideration, and the case dismissed at the beginning. Once Gabriel Metcalf had been told he would be violating the GFSZ Act by a federal officer, he did not violate the law. More from the opinion summary:
Metcalf argued that he holds a license to possess a firearm within a school zone pursuant to Montana Code section 45-8-360, which qualifies him for the state or local license exception in § 922(q)(2)(B)(ii) of the Gun-Free School Zones Act.
The panel held that Metcalf’s indictment must be dismissed. The Gun-Free School Zones Act excepts from its broad prohibition individuals who hold a license by their state, if “before an individual obtains such a license, the law enforcement authorities
(Excerpt) Read more at ammoland.com ...
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He may be able to sue for all the harm done to him, but it may not be possible as well.
Lawsuits are expensive. Metcalf and mother are poor as church mice.
The 9th circuit punted. Rather than set a precedent they dropped the charges. They didn’t want to turn it into a test case on the legality of gun free zones.
CC
I hope they can find a way to sue.
That is openly stated in the opinion.
The precedent, from the 1930’s is, decide a case on anything other than constitutional issues, if it is possible to do so.
This makes if very hard to challenge unconstitutional law.
I suspect the Gun Free School Zone will be found to be unconstitutional by a lawsuit created for that purpose. As of now, there are several other issues which have a higher priority.
So many infringements. So little time.
I wonder how much money Mr. Metcalf spent on his defense?
They've prevented a lot of school shootings, right?
Lefties believe the signs alone will prevent gun violence at schools.
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