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

[marktwain]

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.

[freedomjusticeruleoflaw]

He’s not in Montana, he’s essentially in Washington DC (federal jurisdiction).

[marktwain]

There seems to be some similarity to the Jan 6 protestors. Pre-trial detention because he believes the Constitution actually means something.

[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.

[blackdog]

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.

[marktwain]

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.

[Maelstrom]

We live in a Police State *right now*

[joma89]

More lawfare from dangerous democrats.

[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.

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.

[Chainmail]

No links work for any Gabriel Defense funds on GOFundMe or anywhere else.

[MarMema]

Super sad. Someone get a go fund me or whatever going.

[falcon99]

Thank God it wasn’t the FBI that arrested Gabe, he would be dead instead of locked up without bail.

[FlingWingFlyer]

You know what America’s number one problem is. WAY TOO MANY FRIGGIN’ POS SHYSTER LAWYERS AND Magistrate “Jugheads”.

[marktwain]

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.

[marktwain]

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.

[higgmeister]

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.

[marktwain]

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.

[Rusty0604]

Thank you for posting.

[Rusty0604]

https://gunrightsfoundation.org/

[Chainmail]

Looks like I am the only contributor so far..