On 22 August 2023, Gabriel Metcalf was arrested for possessing a firearm in a federal gun-free zone in Billings, Montana. Gabriel and his mother live across the street from the Broadwater Elementary School. Billings police officers had previously told Gabriel and his mother, Vivian, that Gabriel was not breaking any laws.
Some people had complained when they saw Gabriel outside his home with a single-shot 20 gauge shotgun. Gabriel had armed himself because of a two-year campaign of terror conducted by a former neighbor, David Carpenter, and associates. Over the course of two years, Carpenter was the subject of a restraining order/order of protection and was convicted of five different misdemeanors (including assault against Gabriel and two involving terroristic threats against another person). According to Vivian, Carpenter was arrested again, on an outstanding warrant, on July 31, 2023, and almost immediately released on bond without an ankle GPS monitor. The experience of Gabriel and Vivian has been that when Carpenter faces official sanctions, retaliation against them, their home, plants, and pets is imminent.
According to Vivian, the Billings Police were only marginally helpful during this ordeal. Both Gabriel and Vivian had lost faith in the Billings Police to act professionally and to deliver basic service, such as accepting reports of serious threats. Other victims of harassment and assault by people under a court order of protection have had similar complaints.
It is undisputed Billings Police attempted to pressure Gabriel into disarming when he was outside his home. The police reported, in the local media, that Gabriel was not breaking any laws. As a protest against police hostility, Gabriel conducted a silent display on his front lawn, kneeling, his shotgun in a scabbard on his reel-type lawn mower, and a sign saying: OUR RIGHTS MATTER. During the protest, Gabriel wore a mask to signify he was being silenced.
Image from a still photograph used in a video KTVQ.com report. The image was contributed by a viewer. According to Vivian, the image was taken on August 16-18, before school opened on August 22, 2023. Gabriel was protesting police harassment. The black rectangle in shadow between Gabe and the door appears to be the protest sign. It is about the right size, and is not present in other photographs of the house. Gabriel was never outside his home with the shotgun on the first day of school or afterward,
Neighbors interviewed for KTVQ said they sometimes saw Gabriel Metcalf walking in the alley behind his home with the shotgun, “but they never really felt they were in any danger.”
This image of Gabriel protesting has accompanied many reports on his arrest. The photograph was taken days before his arrest.
Image contributed to media by a member of the public, taken several days before school opened. Gabriel appears to be waving to a person on the sidewalk. It is difficult to see how this protest could be construed as threatening. A woman interviewed about Gabriel’s arrest on MTN stated Gabriel had waved to her, indicating to her he was not a threat.
The sling across Gabriel’s shoulder is not attached to the Rossi single-shot shotgun, whose stock is visible behind the cup holder. The shotgun is in a homemade scabbard attached to the reel lawn mower Gabriel uses to mow the lawn at his home. The mask is in protest of the police, to symbolically say “the police are silencing me,” according to Gabriel’s mother. The image and the story of Gabriel’s arrest were often posted on media. Gabriel was arrested, unarmed, in a parking lot dozens of feet from his home while accompanying his mother. The agents announced themselves as ATF. Gabriel was arrested for possessing a gun in a federally defined gun-free school zone. Billings police are on record saying they turned to federal officers because Gabriel was not violating local or Montana law.
Gabriel has stated he believed the Gun Free School Zone Act was unconstitutional.
According to Gabriel’s mother, school officials never contacted her or Gabriel before putting out an alert on August 21. The alert, asking parents to “be vigilant” was put out the night of August 21, just before school opened on August 22, according to the leftwing Billings Gazzette. The alert references “suspicious activity” on the 17th and 18th of August. It is unclear if the school official was referring to Gabriel’s protest. Vivian says she left a voice message with school officials. On August 22, a school official left a voice message saying he would call back. Gabriel was arrested a few hours later. Vivian never received the promised call back.
Symbolic political speech has long been recognized by the Supreme Court as protected by the First Amendment. Gabriel’s protest and carry of his single shot shotgun outside the home is strong, symbolic, protected political speech. Only unpopular speech requires protection. The Gun Free School Zone Act is a form of prior restraint, forbidden under the First Amendment. The FIrst and Second Amendments are intertwined and protect each other.
Gabriel has been in federal lockup since August 22. His mother, Vivian has to work to pay the mortgage and utilities. Two years of defending against the ongoing threats and attacks, with a recent two months of Vivian being ill with covid and pneumonia while Gabriel took care of her, have left them without funds to fight the Gun Free School Zone Act charge.
Gabriel’s mother has set up a GiveSendGo site to help defend their home, the Second Amendment, and work to free Gabriel from this unjust pre-trial detention.
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.
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Given that 18USC922(q) has an explicit exception for “private property not part of school grounds” I’m at a loss as to why this case wasn’t immediately tossed.
Hoping Mr. Metcalf wins a large settlement when this has been ran through the courts and the ATF agents who were involved in his arrest find themselves in a unemployment line .
FJB and the criminals at the ATF .
Love the last guy. I believe in the Second Amendment but…..
The old “but”. Idiot.
Any of you still going to vote for Joe Biden,
Or ANY Democrat?
Metcalf may have a rather overly developed “peculiar nature.” But, from what has been reported, he does not appear to be a danger to himself or others. His neighbor, however, has repeatedly demonstrated that he, the neighbor, is a danger to many. From what has been published and broadcast, it would appear that the wrong guy is in custody. Dean, you are to be applauded for keeping this in the front of mind category, at least on this website. If enough people hear and ask about this, the Billings authorities will be pressured to either release Metcalf, or more fully… Read more »