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No Bail for Gabriel Metcalf, because he Believes he has a Right to Keep and Bear Arms in Montana
Gun Watch ^
| September 2, 2023
| Dean Weingarten
Posted on 09/02/2023 7:05:57 AM PDT by marktwain
Modest home in Billings, Montana, where Gabriel (Gabe) Metcalf lives with his mother.
On Wednesday, August 23, 2023, Gabe Metcalf was arrested by ATF agents outside his home. Metcalf was arrested by federal agents of the ATF for possessing a firearm in a federal Gun Free School Zone in Billings Montana. A search warrant was executed after the arrest. The warrant shows the agents seized a single shot, break-open shotgun, six rounds of ammunition, and a Samsung phone.
Billings police had several contacts with Gabe prior to the arrest by federal agents. It has been reported Billings police stated he was not breaking any state law. From billingsgazette.com:
“We have made contact with him on multiple occasions, and currently he is refusing to stop displaying his firearms while on his property,” said police Lt. Matt Lennick. “At this time, he has not done anything illegal and we do not have the authority to arrest him, take his firearms, or force him to stop coming out into his yard.”
Gabe has stated he does not have mental problems, he is protecting himself and his loved ones, and he does not do drugs. He has stated he is not a danger to other people or the children at the school. The Billings police did not attempt to have him evaluated for any mental condition. This correspondent has not had contact with Gabe or his court assigned attorney.
The prosecution asked for a pretrial detention order. Pretrial detention is an unusual condition. No bail is set. The defendant is locked up until his trial is over. In the case of a constitutional challenge, this could take years. Magistrate Judge Timothy J. Cavan granted the Order of Detention for Gabriel Metcalf. The only reason checked on the order of detention pending trial form is a box for "History of Violence or Use of Weapons".
This is the first order of detention this correspondent has seen which cites the reason for pretrial detention is the defendant believes he has a right to keep and bear arms, and the federal Gun Free School Zone Act is unconstitutional. From the Order of Detention, pending trial:
Explanation for Order of Detention Pending Trial:
Defendant lives on a busy street in Billings, Montana, across the street from an elementary school. He has been charged with possession of a firearm within a school zone. According to testimony at the detention hearing, Defendant believes possession of the firearm and patrolling the area around his property within the school zone is necessary to protect he and his mother from a perceived threat posed by a former neighbor. Testimony established that he has possessed the firearm on public property within the school zone, and has chased automobiles he believes may be associated with his former neighbor. He has previously been advised that he is prohibited from possessing a firearm within the school zone, but he has stated his belief that the law is unconstitutional and has asserted his right to do so. Given the Defendant's belief that he has a right to possess a firearm within a school zone, and his belief that possession of a gun is necessary for his protection and safety, the Court finds it is unlikely that he would abide by any condition prohibiting him from possessing a firearm while on pretrial release. Therefore, there are no conditions or combinations of conditions which can be imposed to reasonable assure the safety of any other person or the community if released.
Here is an image of the above, to show the veracity
This correspondent has not been able to find any history of violence for Gabriel Metcalf. His "use of weapons" appears to be a simple carry of a single shot shotgun without any threats or assaults associated with the carry. In a previous article, this correspondent speculated about the possibility of the prosecution attempting to punish Gabriel Metcalf by asking for exorbitant bail.
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.
The detention order goes far beyond exorbitant bail. It precludes any bail at all. Kyle Rittenhouse killed two people and wounded another in self defense in Kenosha Wisconsin, and had bail set at a two million dollars. The Billings Police were unable to find a legal reason to arrest Gabriel Metcalf. If he had assaulted anyone or threatened anyone, such as pointing a firearm at them, he would be subject to arrest. The Billings Police asked the ATF to investigate Gabriel Metcalf because the Billings Police had no reason to arrest him.
Much remains unclear at this time. The Billings Police had flagged the person Gabriel Metcalf said he was defending against, David Carpenter. The police hesitated to talk to David Carpenter in person, for safety reasons, so they used phone interviews to investigate.
Analysis:
The ATF has seized Gabriel's single shot shotgun and his six cartridges. It appears he does not have the means to purchase another firearm. As he is under indictment, he is precluded from legally purchasing another firearm. Yet Judge Cavan writes it is unlikely Gabriel Metcalf would abide by a requirement he have not firearms during his release, quote:
Therefore, there are no conditions or combinations of conditions which can be imposed to reasonable assure the safety of any other person or the community if released.
Gabriel's public defender may appeal this decision to hold him without bail until trial. Federal courts have ruled a person can be held without bail for an "important government interest". If belief the Second Amendment protects a persons right to keep and bear arms in public places is one of the conditions for pretrial detention, the fabric of the Bill of Rights is at risk.
Update:
Gabriel's mother, Vivian Young, has set up a GiveSendGo campaign, YoungMetcalfHomeDefenseFund, in order to aid in his defense and to provide much needed security for their home. Although the ATF had the keys to their home, an ATF agent kicked in the front door anyway.
TOPICS: Government; Politics; Society
KEYWORDS: 2a; banglist; billings; constitution; defense; gunfreeschoolzone; metcalf; mt; persecution
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Gabe and his mother, Vivian Young, are poor as church mice, in part because of the necessity of an ongoing defense of themselves and their home over the last two years. Now the federal government has locked Gabe up in pre-trial detention, so it has become very difficult for a 71 year old woman, who has to keep working, to defend their pets and home when she is not there.
1
posted on
09/02/2023 7:05:57 AM PDT
by
marktwain
To: marktwain
He’s not in Montana, he’s essentially in Washington DC (federal jurisdiction).
2
posted on
09/02/2023 7:17:32 AM PDT
by
freedomjusticeruleoflaw
(Strange that a man with his wealth would have to resort to prostitution.)
To: freedomjusticeruleoflaw
There seems to be some similarity to the Jan 6 protestors. Pre-trial detention because he believes the Constitution actually means something.
3
posted on
09/02/2023 7:21:01 AM PDT
by
marktwain
To: marktwain
Any State can fix this problem if they so choose, but it would take balls and integrity.
You pass the exact same law at the State level with one minor change:
There shall be NO exemptions, exclusions, privileges or preferences for ANY Federal Employee.
Then you Strictly and Vigorously enforce it against every Federal Employee in the State. If a Federal Employee drives by a School in possession of a firearm, you ARREST AND PROSECUTE.
4
posted on
09/02/2023 7:21:56 AM PDT
by
eyeamok
To: marktwain
Money is just as much a means of self defense against an enemy as the gun. The feds know this man is unarmed in any defense. The whole idea is to ruin him.
Don't live near a school zone.
5
posted on
09/02/2023 7:22:08 AM PDT
by
blackdog
((Z28.310) My dog Sam eats purple flowers.)
To: blackdog
They are keeping him locked up, I believe, to make his defense more difficult. It is also punishment by process.
I have read the impact statements for the restraining orders against David Carpenter. They are very specific and credible. I will be publishing more on that. The media in Billings is having a field day demonizing Gabe, who never threatened anyone, never pointed a gun at anyone, never assaulted anyone, and has no criminal record or record of violence.
He had/has legitimate reason to fear threats, including deadly threats. There is very good reason for him to have a firearm to defend himself, his mother and his home. So, of course, after refusing to protect him and his mother, the police conspire to have the federal agents disarm him and imprison him, without bail.
6
posted on
09/02/2023 7:31:01 AM PDT
by
marktwain
To: marktwain
We live in a Police State *right now*
7
posted on
09/02/2023 7:31:23 AM PDT
by
Maelstrom
(To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
To: marktwain
More lawfare from dangerous democrats.
8
posted on
09/02/2023 7:40:08 AM PDT
by
joma89
(Buy weapons and ammo, folks, and have the will to use them.)
To: eyeamok
Any State can fix this problem if they so choose, but it would take balls and integrity.You pass the exact same law at the State level with one minor change: There shall be NO exemptions, exclusions, privileges or preferences for ANY Federal Employee.
Then you Strictly and Vigorously enforce it against every Federal Employee in the State. If a Federal Employee drives by a School in possession of a firearm, you ARREST AND PROSECUTE.
No state has a big enough army to do what you suggest. It is a direct assault on federal power. The federal courts would likely rule it to be unconstitutional, but maybe not if you only went after off-duty federal officers. Maybe we can build state militias large enough to enforce it, but right now, that is not the case.
If we had the political will to do this, we would already have won.
Gabriel Metcalf's case is the best chance we have of a test case to take down the law in the courts. So far, no one is stepping up to the plate to help him and his mother.
9
posted on
09/02/2023 7:48:10 AM PDT
by
marktwain
To: marktwain
No links work for any Gabriel Defense funds on GOFundMe or anywhere else.
10
posted on
09/02/2023 8:01:20 AM PDT
by
Chainmail
(How do I feel about ignorance and apathy? I don't know and I don't care.)
To: marktwain
Super sad. Someone get a go fund me or whatever going.
11
posted on
09/02/2023 8:18:51 AM PDT
by
MarMema
(Eat your bananas, enjoy the decline)
To: marktwain
Thank God it wasn’t the FBI that arrested Gabe, he would be dead instead of locked up without bail.
12
posted on
09/02/2023 8:19:10 AM PDT
by
falcon99
( )
To: marktwain
You know what America’s number one problem is. WAY TOO MANY FRIGGIN’ POS SHYSTER LAWYERS AND Magistrate “Jugheads”.
13
posted on
09/02/2023 8:30:00 AM PDT
by
FlingWingFlyer
(Chumpkin and Garland must recuse themselves from any legal actions against President Trump.)
To: Chainmail
That is because it is the
YoungMetcalfHomeDefenseFund on givesendgo, as stated in the article. It would be folly to set one up on GoFundMe, with its history of cutting off people who defend themselves, like Kyle Rittenhouse.
It was set up by Gabe's mother, Vivian Young. She is 71, and not super tech-savy. Not sure if allowed to list the link here.
To: MarMema; All
Gabe's mother, Vivian Young, has set up a givesendgo campaign, YoungMetcalfHomeDefenseFund under their legal section.
I was able to find it by going to givesendgo, using the discover menue in the top of the page, clicking on campaigns, then going to the magnifying glass search sign on the right side top of page, and searching for YoungMetcalfHomeDefenseFund.
To: marktwain
This is hosed up. When I was growing up my Maternal Grandparents lived on one side of a school playground and my Paternal Grandmother and two spinster Aunts lived on the other side of the school playground. We could sit on the front porch and see who was sitting on the other front porch. Back then they had firearms. It is insane to think that they would have been criminals just because of an un-Constitutional and ineffectual law.
16
posted on
09/02/2023 8:47:41 AM PDT
by
higgmeister
(In the Shadow of The Big Chicken!)
To: higgmeister; All
The Gun Free School Zone Act was found to be unconstitutional in 1994, in USA v Lopez.
President Clinton and Janet Reno pushed to have a few words in the law changed, claiming those words cured the Constitutional defect in the law.
The law has been challenged by criminal defendants several times since then. Five circuits currently have ruled the Clinton word change cures the Constitutional defect; three circuits have ruled the word change does not cure the Constitutional defect.
Gabe Metcalf is the first person, which I can find, who was charged only with the federal charge of possessing a firearm in Gun Free School Zone.
He has no criminal record or record of violence. He has/had a clear and present danger to defend against.
I have read some of what he has written. It is articulate and well argued.
To: marktwain
18
posted on
09/02/2023 9:40:24 AM PDT
by
Rusty0604
(Despthaerately looking for new conspiracy theories as all the old ones have come true)
To: marktwain
19
posted on
09/02/2023 9:43:56 AM PDT
by
Rusty0604
(Despthaerately looking for new conspiracy theories as all the old ones have come true)
To: marktwain
Looks like I am the only contributor so far..
20
posted on
09/02/2023 9:47:35 AM PDT
by
Chainmail
(How do I feel about ignorance and apathy? I don't know and I don't care.)
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