A preliminary appearance has been scheduled for Gabriel Cowan Metcalf on the charge of possessing a firearm in violation of the federal Gun Free School Zone Act in Billings, Montana. The Gun Free School Zone Act is a controversial law that had been found to be unconstitutional in 1994 and then was slightly altered. It has not been considered by the Supreme Court since 1994, long before the Heller, McDonald, and Bruen decisions. The preliminary appearance will be on Monday, 28 August, at 9 AM. The criminal complaint has been posted.
According to the criminal complaint, Billings Police had received “multiple calls” about Metcalf over a few weeks. Billings police officers had several contacts with Gabriel Cowan Metcalf but did not find any reason to arrest him. They tried to negotiate with him to curtail his walking in his front yard and around the neighborhood with a firearm, because they received several complaints of him being in the area with a firearm.
Gabriel Cowan Metcalf called the FBI to complain of Billings Police harassing him. ATF agents called Metcalf’s Mother on the phone number they had. She asked the agents to listen to Metcalf’s entire story; then, she gave a number for them to call Metcalf. The ATF agents called Metcalf and explained they were federal officers. Metcalf told them his story, including how he has researched the law pertaining to firearms. He has not had a happy experience with Billings Police Officers. Metcalf is 49 years old. Metcalf complained about not getting what he considered a proper investigation of his complaints. Much of Metcalf’s complaints involved his perceived threats from a neighbor, David Carpenter. Billings Police Officers have an “officer caution” about David Carpenter. To increase officer safety, they would conduct a phone interview with David Carpenter instead of an in-person interview.
When asked, Gabriel Metcalf said he had walked on the sidewalk with a firearm but had not entered any private property but his own. He said he would survey the area because he was gang stalked and he was protecting his mother and himself. He would specifically look for vehicles that he believed were associated with the gang stalkers. Metcalf told of several disputes he has had with David Carpenter and called David Carpenter “crazy.”
Metcalf carried a single-shot Rossi 20 gauge break-action shotgun. He said he preferred to carry a handgun. He does not seem to have the funds to purchase a handgun himself. His mother has a store. His mother refuses to purchase a handgun for him to protect the property.
Metcalf told the ATF the Gun Free School Zone Act was unconstitutional. He said he does not have mental problems and does not use drugs.
The criminal complaint makes mention of the fact the Rossi shotgun is imported into the United States, and thus has “traveled in Interstate Commerce” to be possessed in Montana.
Montana passed a statute to protect legal firearms owners from prosecution under the Gun Free School Zone Act, in 1995. Here is Montana Code Annotated 45-8-360. 
Establishment of individual licensure.
In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.
Gabriel Metcalf has been assigned a federal public defender, Russell Alan Hart.
Contacts in the federal system say federal public defenders are a cut above ordinary public defenders.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Mistake, he thought the FBI and ATF were his friends and/or going to conduct an honorable fair investigation. After all that has been happening for a good number of years he did not see that FBI and ATF are not to be trusted. And they did just what they normally do, they turned the investigation on him Metcalf the Complainant. Right from the beginning the FBI and ATF were out to get him. Nothing on the Billings Police Harassment in the ATF Criminal One-Sided Complaint. Hopefully the Public Defended brings out all the important specifics that the ATF Covered up… Read more »
well said
Here in Twin Falls, Idaho we have a brand NEW Charter School opening shortly that is less than 100 yards from a Trap Shooting Club. This club has been there for over 30 years.
What happens NOW?
Is trap club private property? If so you’re good on the property. As for getting there and going home, anyone with a license to carry (or whatever it’s called in Idaho) is exempted from federal GFSZ so can ignore the school. Unlicensed individuals may need to unload and lock firearm in trunk in order to drive to the club, only getting it out and loading it on property. If Idaho has similar statute to what article attributes to Montana, then you should be golden anywhere outside school buildings, with or without a license. Given Montana’s law, it appears the Metcalf’s… Read more »
Idaho is a constitutonal Carry State NO permision slip needed.
Saw a bit of Montana’s concealed carry legislation. It explicitly states that anyone authorized to carry will be treated as individually approved, thus to be treated as though licensed for purposes of all other laws. Wording differs considerably, but it clearly was meant to make “gun free school zones” meaningless for the law abiding. In other words should exempt Metcalf from prosecution under this law even if he did venture off his own property. This is not state law attempting to over-ride federal law. It is state law taking exemption explicitly included in federal law and applying it to all… Read more »
This sounds like a great case for one of the 2A groups to take and defend this guy pro bono!
So, just for the sake of argument, what’s to stop Metcalf from adding a 30 caliber clip magazine to that Rossi 20 gauge, then maybe bolting on a pistol grip which increases the caliber and lets it shoot 100 rounds a minute with a fully automatic bump stock that gives it enough power to bring down airplanes and stop tanks. I’ll bet you never thought of that, didja? He ain’t going deer hunting with THAT set up because the deer ain’t wearing Kevlar vests. And that’s why we need to take ghost guns away from all the citizens, even the… Read more »
Forgot to mention painting it black – to make it “military style.” Pink, brown, wood, whatever – color dramatically impacts lethality of any particular firearm. Maybe best to paint a rainbow flag to indicate solidarity with that group. OTOH we’ve seen so many public attacks by the rainbow crowd – likely makes weapon more dangerous, just less offensive to those who wish to ban.
You make a solid point there, Finnky.
“Commenting is Closed”; then why is the Article still posted as of 8-29-2023?
I think we can still comment here. Is there a link to an article at a site where they closed comments?
I should have noted the Article I was referencing by title. I think it was the article above this one on that day. It was still up and current, I read it and had important things to say and it noted Commenting was Closed.
what a crock of sh!t this affidavit was. nothing in it to arrest someone for, nothing but allegations. a bunch of feelings got hurt. is it illegal to open carry a shotgun in montana? was the shotgun legally imported into the USA and into montana? then what the F?
these people batfe have become enemies of this country.
how can this guy be batfe and bpd? hope he is not double dipping into taxpayer funds.
Did you not read the article? If you had, you wouldn’t have posted this word post.
There’s a lot more going on here than from the first time I read this story. Now his mother and a neighbor are involved, gang stalking ( whatever that is), HE contacted the fbi/atf, and now we know what the firearm was. It sounds like the local pd tried to deal with him amicably but he insisted on calling the feds. I agree he has a right to carry whatever he wants wherever, but from what I read he might have a screw slightly loose.
Like Rahimi (sp?) – unsympathetic plaintiffs make for bad case law. We need to get ATF to arrest a 52 year old custodial grandmother, who has a state issued carry permit, while dropping off her grandbabies at the local elementary – all within a gang infested neighborhood. Top it off by making GM black and children multiracial and possibly members of unmentionable protected classes who’ve been subjected to threats and/or attacks. Sympathetic plaintiff, documentedly law-abiding, with obvious need for defensive tools — makes for good case law. Unfortunately AFT’s masters are too clever to fall for such a trap. Just… Read more »
This fellow appears to have violated federal law which trumps state law.
Federal law explicitly exempt people certified by the state – Montana certifies anyone who is legal to possess. Thus state law is following federal law, not “trumping” federal law. My guess is aft will pick a “suitable” judge – who will rule that defense may not provide wording of the federal law or anything about state law. After all it would be unfair for jury to know what law the accused is accused of violating — how could they possibly then issue the correct ruling? They’ve managed to bar defense from presenting evidence of self-defense or even raising specter of… Read more »
Sounds to me like he thought the state law and constitution would protect him.
Sounds like he wanted to get arrested
Sounds like you love infringement.
yeah, yeah, everybody likes to get arrested.