Firearm Conviction Upended on Appeal for Lack of Fair Notice

A Billings, Mont., man convicted of violating the Gun-Free School Zones Act won his appeal challenging the charge, after a divided Ninth Circuit panel said he lacked notice his conduct would violate the law.

Affirming Gabriel Metcalf’s conviction would be inconsistent with “principles of fair notice and of not punishing innocent conduct,” the appeals court said, reversing the district court’s order declining to dismiss the indictment.

Although Metcalf pleaded guilty to the charge, he reserved the right to appeal that denial.

The Gun-Free School Zones Act prohibits the knowing possession of a firearm within 1,000 feet of any primary or ...