Not a month after dismissing Leonard Embody’s suit against the state attorney general, a Davidson County chancellor has reversed his decision.
After Embody filed what Chancellor Russell T. Perkins deemed a “respectful, well-crafted Motion to Alter or Amend Judgment,” Perkins granted the motion filed last week, vacating his own previous order to dismiss Embody’s case against the state attorney general’s office.
Embody made headlines a little more than a year ago after run-ins — stemming from his carrying a weapon in public — with law enforcement officials.
Last summer, Embody filed a complaint against the state in which he claims a section of state law prohibiting citizens from carrying a firearm, knife with a blade longer than four inches or a club “with the intent to go armed” is too vague and unconstitutionally criminalizes carrying firearms.
In an order filed Jan. 21, Perkins granted a motion to dismiss filed by the attorney general’s office. Perkins wrote then that the state was within its authority to regulate the use of “constitutionally protected weapons.”
In Perkins’ latest order, the chancellor wrote that after his “careful review of the record and the governing case law,” he felt the case should move forward.
The trial date for the case, if it isn’t decided on summary judgment, is set for Nov. 9.
Two specific incidents involving Embody carrying weapons made headlines in late 2009 and early 2010. In December 2009, Embody carried an AK-47 pistol in Radnor Lake State Park. Then in January 2010, he carried an 1851 replica Navy pistol as he walked along Belle Meade Boulevard. Law enforcement officers stopped and questioned Embody in both cases.
Embody's suit against a park ranger in the Radnor Lake incident is still pending in U.S. District Court.