On September 23, 2025, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit issued a favorable decision in United States v. Metcalf, overturning Mr. Metcalf’s conviction for possessing a firearm in a school zone. While the panel did rule to overturn Mr. Metcalf’s felony conviction they avoided the Second Amendment issue in the case altogether. Instead, the court focused on the ambiguity of the law in this case and the unique underlying facts. However, the overturning of Mr. Metcalf’s felony conviction does restore his Second Amendment-protected rights.
Mountain States Legal Foundation’s Center to Keep and Bear Arms is proud to have supported Mr. Metcalf in this case by submitting an amicus brief in his favor. We celebrate this favorable outcome, but we believe the Ninth Circuit missed an opportunity to hold the lower court accountable for misapplying the Bruen Supreme Court precedent.
Center to Keep and Bear Arms Director Michael McCoy said, “I am pleased that Mr. Metcalf’s conviction has been overturned, and his Second Amendment protected right to keep and bear arms has been restored. However, I would have liked to see the court address the Second Amendment component of this appeal head on.”
