Dear MSSA Friends,
Several you have written me about the media reports of Gabriel Metcalf
of Billings having been arrested and charged with violating the
federal Gun Free School Zones Act. The media has tried to paint
Metcalf as a total wingnut, but I have information in conflict with
that assessment. Maybe the chief complaint about Metcalf came from
the principal of the school across the street from Metcalf's home,
someone who may be anti-gun, or at least unfamiliar with firearms as
he accused Metcalf of carrying a rifle when he carried a single-shot,
20 gauge shotgun.
First, one bill that MSSA got enacted in 1995 exempts law abiding
Montanans from the GFSZA. Here's the current Montana law:
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.
The GFSZA declares that people licensed by the state are exempt from the GFSZA.
Second, Metcalf has an attorney from the federal public defenders
office. They have a reputation for being quite competent. I sent
Metcalf's attorney an email informing him about the Montana statute.
I've not heard back from him.
Third, there is another way to view this situation - as a small cloud
with a large golden lining. Consider ...
Since the SCOTUS Bruen decision and its major change of the 2A legal
landscape, our side has been winning RKBA legal cases all over the US.
The case against Metcalf has serious problems - it is worse than weak.
The current US Attorney for Montana is a solid political leftist.
While I'm not thrilled about the suffering and disturbance that
Metcalf must endure, this is a super opportunity to challenge and
maybe torpedo the stupid federal Gun Free School Zones Act.
Here's how I hope this will progress. Metcalf will move to dismiss
charges based on unconstitutionality the GFSZA under the new Bruen
standard. The federal district court judge will deny the motion to
dismiss (or grant it) based on the Bruen standard. That decision will
be appealed to the Ninth Circuit and from there to SCOTUS. We will
rally all sorts of 2A entities to weigh in with amicus briefs. The
GFSZA will go into the dust bin of history and the gun-grabbing feds
will get another legal drubbing.
So, other than the trouble for Metcalf, I see this situation as more
of a great opportunity for us and a stupid mistake by the feds.
I am watching ...
Best wishes,
--
Gary Marbut, President
Montana Shooting Sports Association
http://www.mtssa.org
Author, *Gun Laws of Montana*
http://www.mtpublish.com