United States of America v. Gabriel Cowan Metcalf

Billing, Montana, criminal defense lawyer represented the Defendant charged with violation of the Gun-Free School Zones Act, 18 U.S.C. § 922(q)(2)(A),



Gabriel Cowan Metcalf lives in Billings, Montana,

across the street from a public elementary school. For

several days in August 2023—before the schoolyear

started—Metcalf patrolled outside his home with a shotgun,

including on the sidewalk in front of his home. He did so to

protect himself and his mother, whom he lives with, from a

former neighbor who had repeatedly violated a protection

order that Metcalf's mother held against the neighbor. Local

law enforcement received multiple complaints about

Metcalf and confronted him several times, but didn't charge

him with violating any law, and indeed told him that he was

complying with state law. Only after Metcalf reached out to

the FBI was he indicted for violating the Gun-Free School

Zones Act, which prohibits possessing firearms within 1,000

feet of a school. See 18 U.S.C. § 922(q)(2)(A).



Metcalf moved to dismiss the indictment against him on

statutory and constitutional grounds. First, he argued that he

holds a license to possess a firearm within a school zone

pursuant to Montana Code section 45-8-360, which qualifies

him for the state or local license exception in

§ 922(q)(2)(B)(ii) of the Gun-Free School Zones Act.

Second, he argued that § 922(q)(2)(A) violates his Second

Amendment rights under New York State Rifle & Pistol

Ass'n v. Bruen, 597 U.S. 1 (2022). The district court denied

Metcalf's motion to dismiss the indictment. Metcalf then

pled guilty, reserving the right to appeal the denial of his

motion to dismiss.

Reversed.