The Replica Prop Forum
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Friday, September 29, 2023
Thursday, September 28, 2023
Wednesday, September 27, 2023
Gun Free School Zone Case Update: Metcalf Out of Jail - Ammoland.com
In the Gun Free School Zone case in Billings, Montana, Gabriel Metcalf had pre-trial detention without bail changed to release on his own recognizance due to the facts and the excellent work done by his Federal Defender, Russell Hart. Judge Cavan realized Gabriel was not a threat and released him with some restrictions.
As Gabriel was about to be released, the Yellowstone Detention Facility administration told him he could not leave. Someone had discovered a warrant for his arrest. Russell Hart said something to the effect of: we have an order from the judge for his release.
The response was, you are a federal attorney. This is a local matter. You have no say in local matters. The warrant was said to exist but was not served until Saturday in court. At some point on Saturday, Gabriel was brought before a local judge, who approved of bail with restrictions. Gabriel was not supplied with a public defender at this point. If the defendant pleads “not guilty,” it is not required for an attorney to be present at the initial appearance. Law enforcement sources have verified this is considered a valid tactical timing decision.
One of the restrictions is for Gabriel to wear a GPS monitor. Metcalf is required to pay $9.50 per day.
The primary concern at the moment is for Gabriel to obtain adequate counsel for the local charge. The jail records show the local warrant, which was never served, was for misdemeanor assault from three years ago. This was an incident of one person’s word against another’s. The police were unaware of this warrant before Mr. Metcalf was charged with breaking the Gun Free School Zone law. With proper representation, many reasonable outcomes are possible. Even if convicted, which seems unlikely, Metcalf would not be prohibited from possessing firearms.
Click the link to read the whole article: Metcalf Out of Jail
Tuesday, September 26, 2023
Monday, September 25, 2023
Gun Free School Zone Case – Last Second Warrant Against Metcalf, Still in Federal Lockup! - Ammoland.com
A surprise development has come to light in the Gun Free School Zone Case involving Gabriel Metcalf in Billings, Montana. As they were processing Gabriel for release from jail on his personal recognizance under the Federal charges, they informed him that he could not leave. Reports say his attorney, Russell Hart, responded by saying, “No, we have an order from the judge for his release.” They then informed Hart that the charges on this warrant are not federal; they are local charges.
They had not served the warrant, but the jail refused to release Gabriel due to the warrant’s existence. No one could say exactly what the warrant alleged because no one in the jail system, Gabriel, or his Federal defender had seen the warrant as of early Thursday evening.
This morning, Friday, 22 September, the Yellowstone Detention Facility inmate search engine showed Gabriel as still in custody. Instead of the single federal charge, with a $0.00 bond, it now showed two charges, the federal charge and a local Misdemeanor Assault charge with a $2,500.00 bond. It seems peculiar that the Billings Police could find this warrant right as they were about to release Gabriel.
Before the arrest of Gabriel on the single federal charge of possessing a firearm in a federally defined Gun Free School Zone, records show Billings police had, more than once, stated Gabriel had not broken any laws, so they had no grounds to arrest him.
Click the link to read the whole article: Last Second Warrant Against Metcalf
Sunday, September 24, 2023
Saturday, September 23, 2023
Friday, September 22, 2023
SAF, Gottlieb Shift Civil Rights Lawsuit v. Ferguson to State Court - Ammoland.com
The Second Amendment Foundation and founder Alan Gottlieb have moved their civil rights lawsuit against Washington Attorney General Bob Ferguson from federal court to Washington State court in a move the plaintiffs hope will bring a speedier resolution to their case.
“We believe we will do better in the state courts, considering Ferguson’s loss before the state Supreme Court earlier this year in the long running Value Village case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The state high court ruled unanimously that Ferguson’s office ‘improperly used Washington Consumer Protection and Charitable Solicitations Acts to suppress constitutionally protected speech with which he disagreed.’
“On the other hand,” he recalled, “we won unanimously before the state Supreme Court in our lawsuit against the City of Edmonds for violating Washington State’s long standing firearms preemption law. That was a legal action Ferguson’s office should have taken, but because of his clearly established anti-gun sentiments, the job of protecting Washington law fell to SAF.”
Joining the lawsuit is the Citizens Committee for the Right to Keep and Bear Arms, SAF’s sister organization for which Gottlieb serves as chairman. Additional plaintiffs include the Center for the Defense of Free Enterprise, the Service Bureau Association, Merril Mail Marketing and Liberty Park Press. They are represented by attorneys Steven W. Fogg and Jack M. Lovejoy at Corr Cronin LLP in Seattle.
Click the link to read the whole article: SAF, Gottlieb Shift Civil Rights Lawsuit
New Injunctions Issued Against ATF’s Frames and Receivers Rule - Ammoland.com
On Friday, Federal District Court Judge Reed O’Connor reissued preliminary injunctions against the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) from enforcing the Final Rule (FINAL RULE 2021R-05F) on frames and receivers against two companies.
The two companies protected against the ATF’s rule are Defense Distributed, makers of the Ghost Gunner, and Blackhawk Manufacturing Group, Inc., d/b/a 80 Percent Arms. The Texas-based case is Vanderstok v. Garland and has been at the center of the fight over incomplete frames and receivers for a little over a year.
In 2021, President Joe Biden tasked the ATF to develop rules to tackle what he called “ghost guns.”
To him and others who share his views, unserialized frames are a tool of criminals. In the gun world, privately manufactured firearms (PMF) are a part of our history and tradition. Regardless, the ATF would follow the President’s orders and develop a rule against frames and jigs being sold together.
Numerous parties launched lawsuits against the ATF rule, which many believed exceeded the ATF’s authority. In August of 2022, Jennifer VanDerStok, Michael Andren, Tactical Machining, LLC, and the Firearms Policy Coalition (FPC) would sue United States Attorney General Merrick Garland and the Justice Department (DOJ) in Texas.
While the lawsuits were happening, the anti-gun groups were up in arms. The ATF’s rule didn’t go far enough for these anti-gun organizations. These groups would demand the ATF close the “ghost gun loophole” and ban unfinished frames and receivers. The ATF acquiesced to these groups’ demands and expanded its rule through a public letter issued on December 27, 2022. The ATF would now consider any unfinished frames to be firearms from that point onward.
Click the link to read the whole article: New Injunctions Issued Against ATF
Thursday, September 21, 2023
Wednesday, September 20, 2023
ATF Universal Background Check Rule Receives Thousands of Identical Supporting Comments - Ammoland.com
AmmoLand News partnered with data scientist Wes Scoggin to analyze the public comments on the proposed rule that would redefine who the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers a “gun dealer.”
The new rule is a backdoor to universal background checks. Anyone who sells a gun and makes a profit could potentially require a federal firearms license (FFL). Also, the ATF could consider anyone selling more than one of a single type of firearm to be a gun dealer. The ATF claims that the Bi-partisan Safer Communities Act (BSCA) gives them the authority to change the rules surrounding dealers.
The BSCA was a bill passed through Congress with the support of Republicans such as John Cornyn and was signed into law by President Joe Biden. It has been the centerpiece of the President’s gun control agenda. Republicans ignored warnings from pro-gun groups that the Democrats would exploit the law.
Click the link to read the whole article: Background Check Receives Thousands Supporting Comments