Posted on 04/07/2026 5:34:45 AM PDT by marktwain
In the Gun Free School Zone case against Gabriel Metcalf in Billings, Montana, the authorities have returned Gabriel’s single-shot 20-gauge shotgun, an ammunition pouch, and the six rounds of 20-gauge ammunition that were seized when Gabriel was arrested on August 23, 2023.
The Ninth Circuit Court of Appeals ruled the case illegitimate and remanded it to the District Court with instructions to dismiss. The Ninth Circuit opinion was sent to the District Court on September 23, 2025, just short of two years after Gabe was arrested.
AmmoLand has been at the forefront of reporting on this case, with over two dozen articles over the course of the last two and a half years.
Officer Stroble returned Gabe’s shotgun, ammunition, and ammo pouch. He does not appear happy or friendly. Image courtesy of Gabe Metcalf and Mother.
It is not clear if the officers were acting on behalf of the Billings Police Force or the ATF/Billings Police Task Force. Gabe says Officer Stroble was the officer who arrested him two and a half years ago as an officer in the task force. The arrest was a federal arrest based on the federal Gun Free School Zone Act. The task force was used to arrest Gabe after the Billings police, on a local TV station, said they could not arrest Gabe because he was not breaking the law.Gabriel won his case in the Federal Courts. The Ninth Circuit did not say the Gun Free School Zone law was unconstitutional. They said Gabe should never have been indicted and tried.
(Excerpt) Read more at ammoland.com ...
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Gabe Metcalf with returned shotgun, ammunition, and ammo pouch.
Case background
Good.
He should never have been in possession of that deadly military style assault shotgun anyway. I wonder if it’s really necessary for police officers in Billings, Montana to costume up like they’re SEALS going on a mission.
I had a man on probation who was ordered to surrender his gun for the term. When he got done, I told him to go get his gun. They couldn’t find it. I went with him to the department and went through each weapon in there asking each time if it was his gun. I called the sheriff to ask about it. 30 minutes later he called back that it was located in a spot we overlooked. Nothing was overlooked. My guess is a deputy thought the very valuable gun would be destroyed and took it home. Someone called and said get that gun back here, Healy was looking for it.
Great news. Thanks for covering this.
Yes. There is a lot of “legalized theft” of firearms.
It is pretty common, in some jurisdictions, for an officer to take a gun which may be of questionable legal status, on the condition no arrest is made or citation issued.
The unspoken exchange is: The officer gets the gun, the person with the gun does not get arrested or cited.
An example of this happened to a friend of mine in California just two years ago. Losing the pistol was much, much cheaper than a legal defense of any kind would be. No receipt for the pistol was ever given...
I hope your friend immediately reported the pistol as stolen.
It was a little more sophisticated in his case. He was issued a citation, with the court date for the previous year.
The court never scheduled an appearance. My suspicion is the date “slip” was intentional, with the knowledge this particular court would not correct it.
SINCE WHEN IS A SINGLE SHOT 20 GAUGE SHOTGUN A ‘MILITARY STYLE’ WEAPON?
SINGLE SHOT !!!!!!!! RELOAD!!!!!!!!! SINGLE SHOT!!! RELOAD!
The Billings media repeatedly reported it as a “rifle”.
The Billings media is pretty far Left.
“SINCE WHEN IS A SINGLE SHOT 20 GAUGE SHOTGUN A ‘MILITARY STYLE’ WEAPON?”
OMG. You thought I was....never mind.
The Feds got nothing for their efforts and no established case law for support of Gun Free School Zones. Screw them. Shows what the Fed is willing to do to take your freedom when it suits them.
This should have never seen a courtroom.
I had the deceased owner’s young brother with me.
The vehicle was at the PD secure lot of the station (not impound yard) so was a simple handover of the keys. The pistol was inside the PD property room.
I set a black bag on the counter of the property desk window.
When the officer returned to the desk window with the pistol, he tried to hand the firearm to me.
No, place it in the bag.
*I do not know why he tried to hand me a firearm inside a police station.
Guess I grew up with a military style weapon and didn’t know it.
It's mild satire.
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