Appeals court overturns conviction of Billings man who ‘patrolled’ near elementary campus with gun

A man who was convicted in federal court of firearms violations after menacing neighbors and an elementary school in Billings by carrying guns and patrolling the neighborhood has had his conviction overturned in a split decision by the U.S. Ninth Circuit Court of Appeals.

In a ruling earlier this week, the panel of three appellate judges said that Gabriel Metcalf’s conviction should be overturned because he offered a plausible interpretation and understanding of federal gun law, even while acknowledging that federal district court judge Susan Watters had a more straightforward and traditional definition of the law.

The majority opinion, written by Circuit Judge Lawrence VanDyke, a former Montana Solicitor General, noted that Metcalf appears to be the only person to test whether Montana’s