Editors Note: The following press release is directly from ATF. Regular readers of AmmoLand News know our stance on the unaccountable Federal Agency: No comment. We invite our readers to leave their hard-hitting insights in the comments below.
BILLINGS, Mont. — A Billings man accused of illegally possessing a gun near a Billings elementary school appeared today in federal court on a firearms charge, U.S. Attorney Jesse Laslovich said.
Gabriel Cowan Metcalf, 49, had an initial appearance on a criminal complaint charging him with possessing a firearm within a school zone. If convicted, Metcalf faces a maximum of five years in prison, a $100,000 fine, and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Metcalf was detained pending further proceedings.
The government alleged in court documents that from Aug. 2 to 17, the Billings Police Department received multiple calls and weapons complaints regarding Metcalf, who lives at 430 Broadwater Ave., walking on the sidewalk and around the area carrying a firearm. Broadwater Elementary School is directly across the street from Metcalf’s residence.
The sidewalk and streets in front of Metcalf’s residence are public property within 1,000 feet from the school and are a “school zone” as defined in federal statutes.
Bureau of Alcohol, Tobacco, Firearms and Explosives agents arrested Metcalf near his residence on Tuesday night, pursuant to a warrant issued by a federal judge, and executed a search on the residence at 430 Broadwater Ave.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Thomas K. Godfrey is prosecuting the case. The ATF and Billings Police Department conducted the investigation.
PACER case reference: 23-130.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. Visit PACER to establish an account, which provides electronic access to review documents filed in a case.
Denver Field Division
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Bureau of Alcohol, Tobacco, Firearms, and Explosives
ATF is the federal law enforcement agency responsible for investigating violations of the federal firearms and explosives laws and regulations. More information about ATF and its programs can be found at www.atf.gov.
There is a ton of more known facts now so why not post those as well?
From reports I’ve seen, he was walking with his gun on the sidewalk in front of his home. In most communities, sidewalks in front of one’s home are public property. That move wasn’t very smart, unless you intend to be arrested so you can file a lawsuit against the government.
“A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.” Not in federal court. In federal court a government accusation is proof of guilt. One isn’t even allowed to prove innocence. There’s a reason why 999 cases out of a thousand there are plea bargains. Because just the accusation is enough for conviction. As unfair as that is, it’s they way it works. IMO, OFC. Government trolls will have the opposite opinion, OFC. That’s the way opinions that are bought and paid for work. 🙂 “It is difficult to get… Read more »
What a bunch of BS. Where in the Constitution does it mention these safe zones ?
WHY was this guy walking around outside his home with a firearm? I feel sorry for him but I see felony stupid here! A few more details would be nice Ammoland!