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

AmmoLand ^ | September 5, 2023 | Dean Weingarten

[marktwain]

Gabriel Metcalf sits in jail, without the possibility of bail, for defending his mother, Vivian, and their home in Billings, Montana.

Their modest home is across the street from the Broadwater Elementary School. Gabriel was keeping watch with a single-shot shotgun and a camera after numerous threats and attacks against him and his elderly mother. They had a restraining order (order of protection), to keep a former neighbor, David Lee Carpenter, from coming within 1,500 feet of them or their home.  The complaint lists a number of threats from David Lee Carpenter and a person who was living with him at the rented house next door to Gabriel (Gabe) at 426 Broadwater in Billings, Montana.

Above is a transcription of the complaint.

Victim of Stalking Other is circled, then an explanation:

Neighbor. Rents. Verbal abuse, racial slurs (I am not white) Threats of gang violence threats to kill and skin my rabbit. Tried to light me (or my son) on fire like a human torch. He said he knows where I sleep he’ll “burn” me out. 

Information about the violence.

He thinks nothing of screaming at a 70 year old grandmother of 10 and insulting. Poisoned my 80 yr old lilac trees (bushes), poisoned the Horseradish plant with motor oil, tresspasses onto my property, poisoned were he knows I harvest food for the rabbit, threatened to kill and skin the rabbit.

Where did this take place?

 I am always on my property when this is happening. 

Did the respondent use a gun or other weapon?

No. But he had a ball hitch & was about to hit my son and/or me with it. 

Describe any injuries.

Emotional. Severe PTSD. Hair is now falling out. Can’t sleep.

[marktwain]

After living under constant threat for two years, Gabriel Metcalf was exercising his First and Second Amendment rights when he was arrested for violating the unconstitutional Gun Free School Zone Act.

[Boomer]

Our justice system is in deep decline. The only way to fix is to fire all the DA’s that pull this kind of thing and all the police who corrupt the system.

[texas booster]

Interesting.

If a “gun free” school zone extends an arbitrary number of feet (500’ or 1000’), do citizens that live in that zone lose their Second Amendment rights?

Is there a grandfather clause enabled?

If an imminent threat to property, to limb or to life is occurring, are citizens within the zone barred from self defense of some, or of any kind?

I don’t care if the threat does not have a gun (but they certainly can have a gun - they are already violating multiple laws), is our only defense to call the police and wait 7 - 15 minutes? Even Seven minutes of me verses a tire iron does not look very favorable to me.

Any idea how this is handled in other jurisdictions, or is this the first case to make it this far in the courts?

A very interesting case.

[E. Pluribus Unum]

FACT: 98% of mass-shootings occur in gun-free zones

SOURCE: https://www.dailywire.com/news/what-percentage-mass-shootings-happen-gun-free-amanda-prestigiacomo

SOURCE: https://slowfacts.wordpress.com/2023/05/29/how-we-stopped-mass-murderers-time-after-time/

[Lurker]

The Gun Free Schools Act was already thrown out by SCOTUS once. I’m pretty sure it will be again.

L

[marktwain]

This Montana case with Gabe Metcalf is the best test case we have ever had.

No criminal record. He had not threatened anyone. He had not pointed a gun at anyone. He has no history of violence.

He insisted on exercising his First Amendment and Second Amendment rights.

The judge who ordered pre-trial confinement without bail, said, on the order of confinement, it was because Gabe believed in the Second Amendment, believed he was under threat, and believed the Gun Free School Zone law was unconstitutional.

[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, without other associated crimes.

[marktwain]

Our justice system is in deep decline. The only way to fix is to fire all the DA’s that pull this kind of thing and all the police who corrupt the system.

Gabe's mother, Vivian, has set up a YoungMetcalfHomeDefenseFund on givesendgo.

She is 71, and not super tech-savy. Not sure if allowed to list the link here.

It gives them a chance to stay the course and take all the way. The first order of business is to appeal the pre-trial detention. Then they will have to make bail.

In my opinion, the pre-trial detention is meant to break Gabe and pressure him to make a plea deal.