Montana Man Arrested by ATF for Carrying Gun in a School Zone
ATF agents arrested Gabriel Cowan Metcalf for possessing a firearm in the controversial “gun free school zone” defined by federal law, on August 23, 2023. Federal law prohibits possession of a firearm within a thousand feet of a school. The law was found to be unconstitutional in 1994, re-passed with slightly different language in 1994, then re-passed with minor changes in 1996. It has not been subject to scrutiny by the Supreme Court since before the Heller decision in 2008. Under the Bruen decision, which reinforced the Heller decision in 2022, the gun free school zone act is blatantly unconstitutional.
I'm pretty sure this will be tossed before any constitutional issues are considered
18 U.S. Code § 922(q)(2):
(2)
(A)It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B)Subparagraph (A) does not apply to the possession of a firearm—
(i)on private property not part of school grounds;
[...]
That is, he was on his own private property, and the law does not apply.
