Court reverses decision; case of gun-carrying man resumes

Monday, February 21, 2011 at 2:07pm

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.

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20 Comments on this post:

By: tgunch63 on 2/21/11 at 3:24

M.R. O'Hara
When you write news please write it correctly. An ak47 is not a pistol, it is a
Russian designed and mfg. rifle.......

By: CrimesDown on 2/21/11 at 8:46

tgunch63, Sorry to inform you....There are AK47 pistols and AR15 pistols. I own one of each. The pistols have no butt stock, and barrels less than 16 inches. My pistols have 10.5 inch barrels.

By: govskeptic on 2/22/11 at 5:20

While this nut may wind up winning this case, he's still
a publicity seeking nut! AK-47's are a term that so many
in the Law Enforcement Community and the press like to
use to over describe as many stories as possible. These
true AK-47's are now mostly manufacturered in China and
flood the world selling as cheap as 400-$500.00 new in
many countries, and can be bought used often for as
little as $100.00 in many countries!

By: kwikrnu on 2/22/11 at 7:34

My ak pistol was made in Romania and they sell for about $340. A pistol is defined in Tennessee law a firearm with less than a 12 inch barrel and fireable with one hand (which means no buttstock). The ak pistol I carried in Radnor Lake was a Draco and was designed as a pistol, imported as a pistol, and meets the definition of a handgun.

Of course I am going to win this lawsuit. The Supreme Court has said that the carry of arms for self-defense is a fundamentally protected civil right, however, state law prohibits the carry of firearms. In the state's briefs the Attorney General has stated the contrary numerous times. I'm a Pro Se non-attorney and the AG's office has who knows how many attorneys, with unlimited resources working against me.

By: wataboutbob on 2/22/11 at 7:48

I've been trying to find out if a BB-gun is considered a firearm. Logically I'd say no but haven't been able to confirm it.
It's a co2 pistol that I like to carry in my boat when I go fishing. Anyone??

By: revo-lou on 2/22/11 at 10:43

{By: kwikrnu on 2/22/11 at 7:34
My ak pistol was made in Romania and... the Attorney General has stated the contrary numerous times. I'm a Pro Se non-attorney and the AG's office has who knows how many attorneys, with unlimited resources working against me.}

Nope. It will run its course, but in the end, you will lose.

I wonder what the point of painting the tip orange was? Oh well, nuts cannot ever be understood.

By: DREIFMA on 2/22/11 at 1:30

I really like firearms. I am really tired of hearing about people going to court or badgering our lawmakers into passing more favorable laws for firearms. We have the ability to carry concealed to ordinary restaurants that serve alcohol. What else do you need? If you want to walk around in the woods with your Kalashnikov do it. But dont walk around a park or down a major thoroughfare with them. I personally find it rediculous and somewhat threatening for anyone including out of uniform military & police to carry weapons in the open in a park or other public place that there isnt an imminent threat. If it puts me off, what do you think you're doing to the many of the public that are not familiar with firearms and those that associate them with mayhem? You are not introducing them to firearms. You are aggravating, possibly terrifying them to point that they will be calling the police and their representatives. Stop doing it!

By: Captain Nemo on 2/22/11 at 1:36

wataboutbob

People have been charged with armed robbery for caring a BB gun. That is a interesting question you have brought up.

By: Captain Nemo on 2/22/11 at 1:38

I'm with you DERIFMA

By: kwikrnu on 2/22/11 at 1:53

The carry of loaded firearms has been declared a 'fundamental civil right" by the United States Supreme Court. The Bill of Rights says that the right to bear arms "shall not be infringed".

It is unacceptable to allow government thugs to trample my civil rights. You might be a coward and decide not to take up the fight. You may not want to carry a gun and that is fine with me. I'm not giving up my rights so easily.

By: GUARDIAN on 2/22/11 at 2:00

GUARDIAN-It's sad that few understand what is going on here. Embody was within his rights and although I don't agree with the way he did these things I respect his right to do them. In the end the only way he will lose is to give up and I don't think he will. F.Y.I. kwikrnu if you are Embody. A handgun is not limited to a 12" barrel it can't have a rear stock and can't have a vertical front stock to be gripped with the weak hand. So don't put a vertical hand grip on your AK-pistol.

By: kwikrnu on 2/22/11 at 2:31

I think very few understand the implications of my lawsuit. Since my suit challenges the constitutionality of state law which prohibits the carry of loaded firearms, tca 39-17-1307(a)(1), if I win those not prohibited will be able to carry loaded firearms w/o a permit within the state.

They may not like me, they may not like how I carry guns, they may not like guns, but the law is the law. I have carry permits from Utah, Arizona, and Florida. I have a federal firearms license. It is illegal to prohibit me from carrying arms.

A vertical front handgrip would be legal after the payment of a $200 tax, ATF form 1 approval, and permanently marking the firearm. The modification would make it an "any other weapon" and it would no longer be a handgun.

By: revo-lou on 2/22/11 at 4:57

{Scalia said nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."

In a concluding paragraph to the his 64-page opinion, Scalia said the justices in the majority "are aware of the problem of handgun violence in this country" and believe the Constitution "leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns." }

It would seem that the USSC does indeed allow for restrictions, and in this case, it would appear rightly so.

Again, you will lose.

By: wataboutbob on 2/22/11 at 6:20

Between the federal, state, and local regulations, it sure sounds like they've completely negated our constitutional right to bear arms.

By: kwikrnu on 2/22/11 at 8:22

revo-lou, would have us believe that TN regulation would be Constitutional. The Supreme Court has only mentioned sensitive places, felons, mentally ill, and conditions on the commercial sale of arms. pgs 54-55 of the Heller decision. Yet, the state of Tennessee prohibits the carry of loaded firearms with defenses being: hunting, fishing, law enforcement, private property, Tennessee handgun carry permit. Those are not exceptions, just defenses to the crime of carrying with the intent to go armed.
Tennessee went overboard in 1989 and TCA 39-17-1307(a)(1) is unconstitutional. I don't think that single part is severable.

By: sb1070 on 2/22/11 at 9:58

Action alert.

Tennessee immigration-enforcement legislation.

This affects and will affect your life.

We have several good immigration-enforcement bills filed in Tennessee. To get these passed, grass-roots action is needed immediately.

Three recently filed pairs of bills look especially good toward the objective of demagnetizing Tennessee to illegal immigration. I ask that Tennesseans immediately contact their state representative and state senator and tell them to co-sponsor and pass these bills.

Tennessee bills are filed as a pair, one in the state House and an identical one in the state Senate. They may be amended in either or both chambers.

We are concerned about fiscal notes that will be placed on the bills. Fiscal notes concern the costs of implementing a bill if it became law. The notes will not factor in the costs of illegal immigration and how much the state/we could save by demagnetizing to illegal immigration.

The bills:

HB1378 (sponsor, state Rep. Joe Carr) -- SB1669 (sponsor, state Sen. Jim Tracy) -- the Tennessee Lawful Employment Act, to require that all employers use the federal E-Verify system in hiring

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1378

HB1379 (sponsor, Rep. Joe Carr) -- SB1325 (sponsor, Sen. Jack Johnson) -- the Eligibility Verification for Entitlements Act, to require use of the SAVE system to verify eligibility (including lawful status, as applicable) for public benefits and services

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1379

HB1380 (sponsor, Rep. Joe Carr) -- SB0780 (sponsor, Sen. Bill Ketron) -- the Lawful Immigration Enforcement Act, pertaining to law enforcement officers and immigration-law enforcement

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1380

The Heritage Foundation discovered that households headed by low-educated foreign workers, legal and illegal, typically receive three dollars in government benefits and services for each dollar of taxes they pay -- with most of the net cost borne by state and local governments. Given our current budget problems, taxpayers should not have to underwrite public services for illegal aliens.

A recent study by Northeastern University found that illegal aliens are gaining jobs while Americans are losing them. Many of these jobs are in construction. I have particular interest in the construction jobs because my father was an ironworker.

Many people are under the impression that Tennessee does not have a serious problem with illegal immigration. The truth is, for the past 15 years, illegal aliens have been flooding into the South. Any official estimate you hear is a big undercount. We saw this when I lived in Georgia and some of us began doing our own count, based on births in which Emergency Alien Medicaid (for illegal-alien mothers) was called down.

Many illegal aliens have left California and other states to come to the South. It is said that Georgia has as many illegal aliens as Arizona has. North Carolina has many as well. As the states around us demagnetize, illegal aliens are leaving those states for jobs and easier passage in Tennessee. We must act as well.

Find contact information for your state representative and state senator here:

http://www.capitol.tn.gov/

Call their offices, and e-mail. You can leave your message with a staffer. Please include all the bill numbers above when you contact them. Include the HB and SB prefixes. And please contact the House and Senate leaders, particularly:

lt.gov.ron.ramsey@capitol.tn.gov

speaker.beth.harwell@capitol.tn.gov

It's showtime. There is no elite. Take your place in the driver's seat.

Thank you. You may copy or forward this e-mail to your lists.

By: revo-lou on 2/23/11 at 11:25

Again, you will lose.

By: GUARDIAN on 2/23/11 at 12:41

GUARDIAN-Once again I have to say It's sad that few understand what is going on here. Embody was within his rights and although I don't agree with the way he did these things but I respect his right to do them. Now let me clarify I would of got one suit over with before the second carry incident. Embody I wasn't trying to be a know it all and since you are a FFL holder I'll know from now on that you know about AOW's ect. lol For those that think he will loose in the end here's your sign. What he's doing I don't think he is doing for himself.

By: kwikrnu on 2/23/11 at 3:54

Every motion I have filed of my own accord. I have researched and written all of my briefs for the most part. I have no counsel, I am pro se.

By: revo-lou on 2/23/11 at 6:06

Hey kwik, here is what you need to do. Hold your right hand like it is a gun. I am sure you did this as a child, and you should have no problem doing it now. Keep holding it like that and walk into the bathroom, noticing along the way that this position of your hand also looks a lot like the letter “L”. Once in the bathroom, turn and face the mirror. Take your hand, hopefully still in the “gun” position, and hold it up to the front of your forehead, with the “barrel” pointing up.

This is the way the world sees you, loser.