Update on Gun Free School Zone
Metcalf Case on Appeal in Ninth Circuit

The challenge to the Gun Free School Zone (GFSZ) case from Billings Montana, involving Gabriel Metcalf, has an interesting twist in 2025. The judges in the case asked the attorneys on both sides to present briefs addressing the impact on the case of Rehaif v. United States, 2019. Rehaif established a precedent that, in order to be found guilty, the defendant had to know he belonged to a category which was barred from possessing a firearm, as that was one of the elements of the crime.

As mentioned in previous articles, Gabriel Metcalf was repeatedly told he was not violating the law by local officials. He believed the GFSZ statute was unconstitutional. The day before Gabriel was arrested, Billings Police Department Lt. Matt Lennick indicated the local police did not have any authority to arrest Gabriel, so they had contacted federal authorities to see what they could do. From the bozemandailychronicle.com:

While the man was not breaking any state laws in doing so, Lennick said, BPD increased their patrols in the area surrounding the school. Police also contacted federal agencies for assistance with the situation.

The briefs on the applicability of Rehaif were filed with the Court on June 30, 2025. The Federal Defender, argues, it is only simple justice for the appellate court to consider Gabriel Metcalf believed he was not breaking the law. …