No Bail for Gabriel Metcalf, because he Believes he has a Right to Keep and Bear Arms in Montana

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:

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 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.

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:

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.

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.

It was just put up two days ago. Vivian is not very tech savvy. Thank you very much. As you saw, it is much harder to find than with a simple search. You are the first contributor! A friend of mine in Wisconsin said he would contribute, but I think he found it difficult to get to the site. He is 90.

I have not contributed, because I am covering the story.

It doesn’t matter. There was an excuse to punish a gun owner for owning a gun. No Bail detention is totally tyrannical as there is no indication at all the the old man will flee the country. ATF is doing what it can to nibble and bite around Confiscation. After the 24 election when the Party has engineered a supermajority in the House and a solid majority in the Senate and Newsome or Even Biden again is president ATF activity will increase exponentially and the Courts will start being ignored.

I’m against the feds’ intersession and pre-trial detention, but this has that “not the whole story” feel.

If the former neighbor is really such a threat, why not file a complaint and let local LE deal with it?

Frequent armed patrols around a tiny property in a city-limits, right across the street from an elementary school might be legal, but it is also irresponsible and selfish. Gabe might NEVER fire at kids deliberately. But he is setting the stage for a shootout, more or less challenging his supposed nemesis to bring it on, knowing that he is near a location with lots of children packed into small spaces, making the chances of a stray shot hitting them far too high. If he really anticipates an armed feud, he should move to the sticks.

There is no mention of Gabe having employment, implying that he lives off his 71 year-old mama, allowing him to defend their palace full time. Small wonder they are poor.

If the former neighbor is really such a threat, why not file a complaint and let local LE deal with it?

The have been having "local law enforcement" the Billings Police, deal with it for over two years.

The results do not reflect well on the Billings Police.

First, it was "We can't do anything until you get a restraining order. Then they got a restraining order, then the police were reluctant to accept evidence, and wouldn't investigate clear crimes. Gabriel and his mother got video evidence of Carpenter's threats and an assault.

David Carpenter assaulted Gabriel Metcalf (the son), and was convicted. He and his confederates kept up the harrassment. Carpenter's landlord refused to renew his lease, about the same time the Order of Protection forced Carpenter to move. Lots more harassment from Carpenter and associates, in retaliation.

Another warrant out for Carpenter's arrest, which took months to serve.

See how much income you generate with constant vigilance to keep your home from being burned out, and very little help from the police.

Carpenter is still out on bond, awaiting trial for the second time, which is scheduled for January.

They established a school zone that covers this man’s property, and therefore he loses his Constitutional Rights? Am I missing something here?

It is a little more complicated. The Gun Free School Zone Act was found to be unconstitutional in 1994 (USA v Lopez). Clinton and Reno pushed through an addition of eleven words to the law, which they claimed rectified the Constitutional defect:

has moved in or that otherwise affects interstate or foreign commerce

Five circuits have held it rectified the defect, three circuits have held the law is still unconstitutional. The Supreme Court has not heard taken a case about it since 1994.

Frequent armed patrols around a tiny property in a city-limits, right across the street from an elementary school might be legal, but it is also irresponsible and selfish.

Most of the time, he was in his front yard, with shotgun for defense, and a camera to document violations of the order of protection. He would sometimes attempt to get a better picture of a vehicle, or escort his mother from her shop to the house and back, a couple of hundred feet.

There were hardly any children around, as the school was not in session, most of the time.

You can see his house in Google Maps at 430 Broadwater Avenue. It has a modest backyard filled with 20 or so automobiles, and other items.

It would be funny if it weren’t so sad. I believe he is within his rights, but it is still sad.

Setting aside the effectiveness (none) or constitutionality (none) of the Imperial Gun Free School Zone Act(GFSZ):

The GFSZ Act as modified, specifically exempts weapons on or in private property and legally owned weapons carried in travel thru a GFSZ on public roads in an otherwise legal manner.

In many states by the lingo of their CCW laws, CCW works in your car, but it needs to stay “in your car”...but Cons Carry guys technically have to revert the the GOPA act of 84 and stow guns separate from ammo.

Or so I understand. Soooooo...Gabe had to be a toting ol’Bessie off his property in his “perimeter patrols”.

If not, Gabe will walk, and with a literate attorney, pocket some big bucks in a civil suit payday.

Sounds like the school and local cops formed a “gotch ya” conspiracy against Gabe’s rights and Caesar’s thugs played along.

But I always encourage practicing the “grey man” art of “armed always” but looking like you are not. No poser tactical clothing, no FU/Molon Labe/NRA bumper stickers, political logo wear, etc.

You can see his house in Google Maps at 430 Broadwater Avenue. It has a modest backyard filled with 20 or so automobiles, and other items.

I looked carefully at the image. I see six automobiles. There are about 3-4 storage sheds and a camper, there is also a good sized garden on the west side, I believe.

Gabe and his mother, Vivian were running a small metal recycling business at the location, before there activities were halted by the necessity of a 24 hour defense against the activities of David Carpenter and Associates.

Vivian owns the property, but has about two years left to pay off the mortgage.

The Gestapo will divest him of that idea in a hurry. He was fortunate that they did not murder him on the spot. They are probably going to murder him slowly by degrees. As far as Rights go, we swapped them for security long ago. And if you look at places like Chicago, we got screwed there too. And we are still trading our Rights for the Security of Common Sense Gun Laws [not my phrase] But Rights? You Jews have no rights [ We have became the Jews of the 1933 Germany]. What you have is the privileges we give to you. Day by day Lawlessness increases and it is all from the Government. They encourage certain elements to prey on the weak, helpless, and law abiding. Look no further than Chicago or New York City. The purpose of Law Enforcement is to control and pacify the sheep. And the sheep baa happily and think, “thank goodness it wasn’t me.” As the wolf takes his prey./p>

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