A couple of years ago, Gabriel Metcalf was charged with a federal felony because he stepped onto the sidewalk in front of his house in Billings, Montana, while holding a shotgun. Metcalf, who had armed himself because of a dispute with a neighbor who was subject to a restraining order, was not violating state law. But because Metcalf lives across the street from an elementary school, prosecutors in the U.S. Attorney's Office for the District of Montana argued, he had violated the federal Gun-Free School Zones Act (GFSZA).
Metcalf argued that the GFSZA, which bans gun possession on public property within 1,000 feet of a primary or secondary school, violates the Second Amendment right to bear arms. This week the U.S. Court of Appeals for the 9th Circuit sidestepped that issue, instead overturning Metcalf's conviction on the grounds that he arguably qualified for an exception to the GFSZA.
That law exempts anyone who is "licensed" to publicly carry a gun within school zones, provided "law enforcement authorities…verify that the individual is qualified under law to receive the license." But Montana is one of 29 states that allow adults to carry guns without a permit, provided they are not legally disqualified from owning them. Although state legislators explicitly said residents who meet those criteria should be considered "licensed" within the meaning of the GFSZA, federal prosecutors disagreed.
