Yeah. Now the court’s ruling not only reversed his conviction, but exposed how murky, overreaching, and unfair this federal law really is. Stick with me, because this one has huge implications for millions of law abiding gun owners nationwide who live in that thousand foot bubble created around schools. First, a big thank you to Blackout Coffee Company for sponsoring this channel. As you guys and gals are well aware, I’m one of the owners of Blackout Coffee, and we are the most patriotic coffee company out there with the freshest roasted coffee there is. When you order from Blackout Coffee, your order is shipped to you within two to three days of it coming out of our roasters at our facility in Florida.

It doesn’t sit on shelves, and it’s not going stale. You can’t save that for any product in the grocery store. Head on over to blackoutcoffee.com slash GNG, save 10% on your order with code GNG10, and thank you for your support. Now back to this story, because it’s a big one. So here’s what happened. Gabriel Metcalfe, who lives in Billings, Montana, right across the street from an elementary school. And if you remember this video, there’s the ending for it, but I’ll pin the previous video down below. Now for years, he and his mother were harassed and threatened by a former neighbor, someone who violated protection orders repeatedly, even spraying Metcalfe in the face with pepper spray.

That neighbor was eventually convicted of felony stalking, but the threats didn’t stop. And because of those very real dangers, Metcalfe started carrying a shotgun outside of his home, even while doing yard work or walking with his mother. In fact, when he was arrested, he had his shotgun affixed to his push lawnmower. This was during the summer before school was in session, and neighbors saw him armed, and they called police. Local police showed up multiple times because they kept calling on him, but they didn’t charge him with anything because they told him that he was following Montana law.

Montana is also a constitutional carry state. But here’s where things take a turn. After Metcalfe got frustrated with local police and reached out to federal authorities himself, basically asking for help, that’s when the ATF and the FBI got involved. And shortly thereafter, he was indicted under the Gun Free School Zone Act, which makes it a federal crime to have a firearm within a thousand feet of a school. And since he lived across the street from a school, they said, you’re in a Gun Free Zone Act. You forgo all of your rights. Now, under 18 U.S.C.

922 Q2A, it is unlawful for any individual knowingly possessing a firearm in a school zone. And since Metcalfe’s house was literally across the street from the school, the feds decided to charge him. That automatically licenses residents who aren’t prohibited from owning firearms. Now, the law literally says that Montanans are considered licensed and verified under the Gun Free School Zone Act. So Metcalfe argued that he fell under the exception written into the federal statute. The district court disagreed, saying that Montana’s law didn’t count because it didn’t require individualized background checks before licensing. And Metcalfe pled guilty, but preserved his rights to appeal.

Which brings us to what the Ninth Circuit has said. Fast forward to a couple days ago, September 23rd of 2025, the Ninth Circuit issued its decision. And folks, it really is a big one. There are thousands, oh, probably more than, probably tens of thousands of Gun Free School Zones that envelop people’s housing. And Judge Lawrence Van Dyke here writing for the majority reversed Metcalfe’s conviction and ordered the indictment dismissed. Why? Because Metcalfe didn’t have fair notice that his conduct was illegal. Because it wasn’t illegal. Now, the court explained it like this. The Gun Free School Zone Act has an exception for people licensed by their state.

Montana’s law says its residents are licensed and verified. That’s at least plausible interpretation of the federal exception. Meaning, most people would believe that they’re in the exception because they have a license from the state. So when you factor in constitutional avoidance, the rule of lenity, the court said you cannot punish Metcalfe. Now, the government failed to prove he had the criminal intent necessary to be guilty. Now, Van Dyke, the judge, emphasized that affirming Metcalfe’s conviction would go against the principle of people must have fair warning before they can be thrown in prison for something. Now, here’s why this matters.

Number one, federal overreach. This is an example, another one, of feds criminalizing otherwise innocent, constitutionally protected behavior. And Metcalfe was doing exactly what Montana law said he could do. Number two, state sovereignty. The Ninth Circuit recognized that states have the authority to define their own licensing systems. Congress can’t just override a state’s decision to license its citizens, especially when the statute doesn’t clearly prohibit it. Yes, if you’re new here, I think permitting laws are unconstitutional. Number three, fair notice and the Second Amendment. The court didn’t rule directly on the Second Amendment issue, but it came close.

Instead, they focused on notice, lenity, and make no mistake here, this was a win for gun rights because it limited the government’s ability to use vague laws against law-abiding citizens. Then there’s the dissent, right? Not everybody on the panel agreed here. Judge Schroeder dissented, saying that the majority twisted legal doctrines just to cut Metcalfe a break. Not that he was arrested unlawfully. Now, as judge, she argued that the statute isn’t ambiguous, that Metcalfe obviously violated it, and letting him off sets a bad precedent. In her words, the ruling lets him pick up arms and continue to frighten the neighbors, including the school across the street.

But this ignores the fact that Metcalfe wasn’t threatening anybody. He was protecting himself and his mother from a proven stalker. Now, here’s the bigger picture, right? This case shines a spotlight on the Gun Free School Zone Act itself, which was pushed by who? Then-Senator Joe Biden, which has been controversial at best since it was first passed in 1990. Remember, the Supreme Court struck it down under the United States v. Lopez case from 1995 before Congress rewrote it and added in an Interstate Commerce Clause hook. That’s what they catch everybody on, on every federal law, including all the gun control laws.

Interstate Commerce. The Commerce Clause is bullshit. But even with those changes, the act still criminalizes an incredible amount of everyday innocent activity. Think about it. You live near a school, even drive past one, you could be in violation unless you meet one of the narrow exceptions. And millions of Americans live in these zones without even realizing it. Now, the Metcalfe decision shows how absurd this law is. It punishes law-abiding citizens while doing nothing, absolutely nothing, to stop criminals who ignore gun laws anyway. You’re just not going to pass a new law that’s going to bring criminals to Jesus.

Not going to happen. So, what’s the takeaway here? Well, the Ninth Circuit just gave us a real world example of federal overreach being rolled back. They admitted that the government cannot punish someone who wasn’t, or rather, who was following state law, and who had no clear notice that he was breaking federal law. And was very simply just exercising his right to protect himself and his family against proven threats. Now, remember, this fight isn’t over. The government could still try to appeal here, and other courts might rule differently where you are. But we need to keep an eye on how this plays out.

And we need to keep pushing back against unconstitutional gun laws that make criminals out of ordinary Americans, which is why I say support those who support you, skip a pizza, and donate that money to your gun group of choice. Folks, if you want to stay up to date on cases like this, and our fight for the Second Amendment that happens every single day, then hit the subscribe button. Subscribe right here to Guns and Gadgets. It’s free. It won’t cost you anything. Share the video with your friends so that they know what’s going on, and hit the like button.

Because, as always, the fight for our rights is never ending. I appreciate your time. Thank you for supporting me throughout the years. Be safe, stay armed, and stay free. Take care, America. God bless. [tr:trw].

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