By Free Republic | Created at 2024-10-03 16:37:10 | Updated at 2024-10-06 06:36:29
2 days ago
Notice of Appeal to Ninth Circuit Filed in Montana Gun Free School Zone Case
AmmoLand ^ | September 24, 2024 | Dean Weingarten
Posted on 10/03/2024 9:00:01 AM PDT by marktwain
A notice of appeal to the Ninth Circuit Court of Appeals has been filed in the Gun-Free School Zone case in Billings, Montana.
The notice was filed in the United States District Court for the District of Montana, Billings Division, on August 6, 2024. The case was settled with a plea agreement on August 2, 2024. Judge Susan P. Waters did not impose a fine or prison time, but Gabriel was sentenced to three years probation. The probation includes paying $75 per month for the costs of administering it.
During the court hearings, Gabriel Metcalf preserved the right to appeal through his federal attorney, Russel Hart. From the Notice of Appeal:
NOTICE IS HEREBY GIVEN that Defendant GABRIEL COWAN METCALF, appeals to the United States Court of Appeals for the Ninth Circuit from the Judgment filed and entered against him in the District Court on August 2, 2024.This appeal is from the District Court’s denial of Mr. Metcalf’s Motion to Dismiss Indictment.
The issue was preserved pursuant to a plea agreement that was accepted by the District Court at the time of sentencing.
RESPECTFULLY SUBMITTED August 6, 2024.
Gabriel has a clean record with no history of violence or criminal activity. He was repeatedly told by Billings police officers, in person and in media interviews by police officials, that he was exercising his rights when he was outside his home with a single-shot Rossi Shotgun. Gabriel and his mother had been stalked by a neighbor who assaulted Gabriel. The neighbor had been convicted of assault and violating a court order of protection.
Part of the plea deal was for Gabriel to forfeit the Rossi single shot shotgun and the six rounds of ammunition, which was found when the federal task force served the warrant to search his and his mother’s home.
(Excerpt) Read more at ammoland.com ...
TOPICS:
KEYWORDS: banglist; court; school; zone
Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you.
The Gun Free School Zone Act was first found to be unconstitutional in 1995. The reason was federal overreach under the Commerce Clause.
This case has structured the appeal under the Second Amendment.
1 posted on 10/03/2024 9:00:01 AM PDT by marktwain
To: marktwain
JD missed an opportunity to go for the jugular Tuesday night by failing to pin the increase of school shootings on Joe Biden’s “Safe Schools (aka make em target rich environments) Act”
Columbine happened four years after it was enacted...
2 posted on 10/03/2024 9:06:21 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
To: lightman
Affordable Care act: penalizes those who opt out
Inflation Reduction act: spending bill which spurs inflation
Immigration control bill: another spending bill bringing in more illegals, amnestying others, killed (”TRUMP!”)
Safe Schools act: Biden brainstorm that turns our public schools into shooting galleries
Democrats think the novel Nineteen Eighty-four is a textbook.
Their Veep candidate: “I have school shooter friends.”
Their presidential candidate, Joe’s insurance policy against impeachment who has never won a single vote or delegate is tied with Trump, their MSM tells us.
Democrat bizarro world: Yer livin in it.
3 posted on 10/03/2024 9:24:00 AM PDT by tumblindice (America's founding fathers: all armed conservatives)
To: lightman
The Gun free zone act was totally erroneous.
Our church had little parochial school, right next to busy US highway.
I guess, anybody who was traveling on he highway with gun would be in violation.
4 posted on 10/03/2024 9:28:18 AM PDT by AZJeep
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson
