In the Gun Free School Zone case against Gabriel Metcalf in Billings, Montana, the authorities have returned Gabriel’s single-shot 20-gauge shotgun, an ammunition pouch, and the six rounds of 20-gauge ammunition that were seized when Gabriel was arrested on August 23, 2023.
The Ninth Circuit Court of Appeals ruled the case illegitimate and remanded it to the District Court with instructions to dismiss. The Ninth Circuit opinion was sent to the District Court on September 23, 2025, just short of two years after Gabe was arrested.
AmmoLand has been at the forefront of reporting on this case, with over two dozen articles over the course of the last two and a half years.
It is not clear if the officers were acting on behalf of the Billings Police Force or the ATF/Billings Police Task Force. Gabe says Officer Stroble was the officer who arrested him two and a half years ago as an officer in the task force. The arrest was a federal arrest based on the federal Gun Free School Zone Act. The task force was used to arrest Gabe after the Billings police, on a local TV station, said they could not arrest Gabe because he was not breaking the law.
Gabriel won his case in the Federal Courts. The Ninth Circuit did not say the Gun Free School Zone law was unconstitutional. They said Gabe should never have been indicted and tried.
Gabe and his mother, Vivian, suffered significant damages during the two and a half years of punishment by process in the courts. Gabe spent a month in jail and years on probation. His mother stopped her business as a seamstress. Their budding recycling business was destroyed. Their reputation was damaged, relationships destroyed. When I spoke with Gabe and his mother, I learned that Gabe’s property, particularly the shotgun, had not been returned months after the case was dismissed.
It has been common for police departments to fail to return property, even to those who win in the courts. Forcing the police to comply often costs more than the property is worth. My suggestion to Gabe and his mother was that they contact Gary Marbut for advice.
Gary Marbut is the founder and President of the Montana Shooting Sports Association MSSA. He is a legendary figure in Montana’s Second Amendment community.
Gary put forward the idea of sending a letter from the MSSA to a candidate for the US Senate in Montana, Kurt Alme. Kurt Alme was the United States Attorney for Montana, appointed by President Trump. Alme resigned from the US Attorney’s office on March 6, 2026. Gary sent the letter on March 10, 2026.
Kurt Alme’s predecessor had been appointed by President Biden. Kurt has good contacts in the US Attorney’s office in Montana. Timothy J. Racicot is currently the acting United States Attorney in Montana. U.S. Attorney Racicot was the acting U.S. Attorney assigned to the position by President Trump before Kurt Alme was appointed as the U.S. Attorney in Montana in 2025.
Racicot was the First Assistant U.S. Attorney during the previous administration, before becoming acting U.S. Attorney. Kurt Alme was Racicot’s boss for five months, from October 7, 2025 to March 6. 2026. The Ninth Circuit ordered the District Court to dismiss the case on September 23, about two weeks before Kurt Alme was appointed to be the United States Attorney for Montana, and became Timothy J. Racicot’s boss.
Kurt Alme was not in charge when the Metcalf Gun Free School Zone case was being prosecuted. It may be Kurt Alme was unfamiliar with the case, as it was ordered dismissed before he was appointed.
On March 10, Gary Marbut sent Kurt Alme a letter to remind him of the case. On March 20, 2026, Gabe’s shotgun was returned by Officer Strobel. Stroble is said to be the same officer who had arrested Gabe. Gabe and his mother received a phone call on or about March 20th, which was difficult to identify. When called back, the officer on the phone wanted Gabe to come to their office to pick up the shotgun.
Gabe insisted his shotgun be returned to where it had been seized.
Within half an hour, on March 20th, at about 0930, the shotgun was returned. Such a quick response makes it appear the return was considered a high priority.
Because of the nature and high profile of the case, and because Kurt Alme had already resigned as United States Attorney before the letter from Gary Marbut was sent, there is no documented evidence that the letter was responsible for the shotgun being returned. The timeline implies that such may be the case.
Gabe’s mother, Vivian, reminded the officers who were returning the shotgun, the front door did not work properly. According to Gabe’s mother, it was unnecessarily damaged when the officers served a warrant on August 23, 2023, the day Gabe was peaceably arrested outside his home.
Gabe was arrested when he went to talk to officers at a parking lot across the street outside his home. Gabe said he took the initiative to talk to them. He had the understanding the situation would be resolved in his favor. Gabe said he had left the shotgun inside, as he had said he would do, to the same officers, days earlier.
The arrest, indictment, trial, appeal, and dismissal were all uncalled for.
It is unknown if Gabe and his mother will ever be made whole for their years of suffering and punishment by the process.
Gabe’s Mother, Vivian, has established a GiveSendGo site.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
