Posted on 09/17/2023 5:44:16 AM PDT by marktwain
In the ongoing Gun Free School Zone case against Gabriel Metcalf in Billings, Montana, Gabriel’s federal public defender, Russel Hart, has filed a motion requesting a detention hearing. The Assistant United States Attorney (AUSA) Thomas K. Godfrey has indicated he opposes re-opening a detention hearing. This means Godfrey wants to keep Gabriel Metcalf in a federal lockup in the Yellowstone County Detention Facility until trial. A trial could be years away. This case could go all the way to the Supreme Court.
The magistrate judge, Timothy J. Cavan, ordered the United States representative in this matter, AUSA Godfrey, to file its opposition to the motion for a detention hearing by September 15, 2023. This is due process. It is easy to see how the process can be abused. Once the brief opposing the detention hearing is filed, the judge will have to read it, digest it, make a decision, and inform the parties of the decision. The brief is due on September 15, which is Friday. I do not expect Judge Cavan to issue a decision until Monday at the earliest. If Judge Cavan agrees with the defendant and schedules a detention hearing, it will be days later to allow for both parties to prepare.
If Judge Cavan does not agree to re-open the detention hearing, then the defendant can appeal the decision to the District Judge. That could take weeks longer.
In a conversation with Gabriel’s mother, Vivian, Gabriel was at a low point on the morning of September 12. He had been locked up for three weeks. He posed the obvious question: What am I doing here? Why am I locked up?
(Excerpt) Read more at ammoland.com ...
Persons kept in pre-trial detention reach plea deals about three times as fast as those who are not locked up.
90% of federal defendants reach plea deals.
That is a disturbing story.
It goes without saying that “Gun-Free School Zones Act” is a terrible, unconstitutional law. If you are within 1000 ft of a school, your 2A rights are severely limited.
Among other things, it forces you to judge boundaries. And from what I can tell, it applies if you are just driving along a road adjacent to school property.
The law does provide an exception for concealed carry permit holders, but only in the state that issued the permit. Reciprocal state agreements do not count. So let’s say you’re visiting a neighboring state and you’re carrying without worry because of reciprocity.
You drive past a school. You’ve just committed a felony, pal.
The bill was signed into law by Bush I. Another outrage courtesy of the Bush family. Please clap.
https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990
So, if you live in a “school zone”, your constitutional rights are suspended?
You no longer have the right to bear arms?
Take this one all the way!!!!
Then sue the federal prosecutor.
We have a criminal government.
So, if you live in a “school zone”, your constitutional rights are suspended?
= = =
If me and my house were there first, the school is in violation.
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