Man Who Carried AK-47 Pistol In Park Loses Appeal

[MikePapa1]

http://www.newschannel5.com/story/19418614/man-who-carried-ak-47-pistol-in-park-loses-appeal?Call=Email&Format=HTML

Hmmmmm. Who'd have thunk that?

[Garufa]

The court writes that, "having worked hard to appear suspicious," Embody cannot cry foul after park rangers took the bait.

[herr.baer]

Wonder where he got that 30 round "clip"? I haven't seen any with that capacity.

[Jonnin]

What was L. E. suspicious of? I am guessing he thought the court would use bad english in its conclusion?

[MikePapa1]

For those than enjoy these sorts of things, here's the opinion: http://www.ca6.uscou...12a0293p-06.pdf

It's short. Only 6 pages.

Here's one of my personal favorite passages: For his troubles, Embody has done something rare: He has taken a position on

the Second and Fourth Amendment that unites the Brady Center to Prevent Gun

Violence and the Second Amendment Foundation. Both organizations think that the

park ranger permissibly disarmed and detained Leonard Embody that day,

notwithstanding his rights to possess the gun. So do we.

Who says Judge have no sense of humor?

Edited August 30, 2012 by MikePapa1

[Ebow1]

Sssssshhhhhh. We're not allowed to talk about him.

[Jonnin]

actually I do have a problem with the LEO arresting him at gunpoint. That is over the top an given they had already questioned him once without a violent reaction and that he had been there peacably for some time without harming anyone or threatening anyone, it was a poor move by the LEO.

Also, it is sad that the officers cannot tell a handgun from a rifle. Perhaps the laws are too convoluted and confusing? Worse, they were unable to tell a pistol from a machine gun (assault rifle). That speaks of volumes of ignorance.

I approve of them stopping him to verify the permit and legality, but it should have been a 5 min delay: got a permit? Ok, let me see that, its a pistol? Ok, have a nice day.

[MikePapa1]

Hmmmm. Anyone who has had the honor of meeting Leonard can attest that he's, well, intentionally confrontational. Anyone who looks at the Draco and can readily determine that it is, in fact, a pistol is a better man than I. It looks like a short barreled rifle to me. When the statutory definition says designed to be fired with one hand, the Draco hardly jumps to mind.

[QuietDan]

actually I do have a problem with the LEO arresting him at gunpoint. That is over the top an given they had already questioned him once without a violent reaction and that he had been there peacably for some time without harming anyone or threatening anyone, it was a poor move by the LEO.

Also, it is sad that the officers cannot tell a handgun from a rifle. Perhaps the laws are too convoluted and confusing? Worse, they were unable to tell a pistol from a machine gun (assault rifle). That speaks of volumes of ignorance.

I approve of them stopping him to verify the permit and legality, but it should have been a 5 min delay: got a permit? Ok, let me see that, its a pistol? Ok, have a nice day.

Did you read the opinion at: : http://www.ca6.uscou...12a0293p-06.pdf ????

Your concerns are addressed therein.

[Caster]

Sssssshhhhhh. We're not allowed to talk about him.

That's exactly what I was thinking.

[MikePapa1]

I don't think we're talking about him. Rather, I thought were were discussing breaking legal ground.

[mikegideon]

Sssssshhhhhh. We're not allowed to talk about him.

He is now the douchebag known as Voldemort.

[dralarms]

About time this douch got what was coming to him.

[Guest bkelm18]

Play stupid games, win stupid prizes. Just because you can, doesn't mean you should.

[Jonnin]

Did you read the opinion at: : http://www.ca6.uscou...12a0293p-06.pdf ????

Your concerns are addressed therein.

Not really addressed.... the officers not knowing what the gun is to me is about like this:

officer: you were speeding

me : oh, how fast was I going?

officer: 47

me: and the speed limit is?

officer: I am not sure but it sure was fast

me: you are not sure?!

officer: yea let me call someone to find out, its going to take about an hour is that ok?

Edited August 31, 2012 by Jonnin

[Steelharp]

Not really addressed.... the officers not knowing what the gun is to me is about like this:

officer: you were speeding

me : oh, how fast was I going?

officer: 47

me: and the speed limit is?

officer: I am not sure but it sure was fast

me: you are not sure?!

officer: yea let me call someone to find out, its going to take about an hour is that ok?

That analogy is terrible. One, speed limits are posted. Guns are not marked, "THIS IS A HANDGUN." Two, in your example, the guy driving the car would have had to request the call into some one else, as Kwik did.

[Dolomite`s Breezy]

This guy isnt playing with a full deck.. I dont care what anybody says...

He is doing all of this to rile folks up and make sure peopel who carry look like gun toting morons..

To prove that he is protected by the 2A ,.., its a funny way of showing it..There are other ways to further the cause...

[Jonnin]

This guy isnt playing with a full deck.. I dont care what anybody says...

He is doing all of this to rile folks up and make sure peopel who carry look like gun toting morons..

To prove that he is protected by the 2A ,.., its a funny way of showing it..There are other ways to further the cause...

Yea. Eventually he is going to cross a line.

The analogy holds. If the LEO does not even know the law he is using to make an arrest, that is bad. "Hold on there, that looks like IMHO it should be illegal" is not a good way to approach making arrests. Yes, L.E. was abrasive and made the situation worse, as he always does, but that does not excuse drawing a gun on a permit holder who has a pistol and it does not excuse not knowing what a pistol is.

[mikegideon]

Yea. Eventually he is going to cross a line.

The analogy holds. If the LEO does not even know the law he is using to make an arrest, that is bad. "Hold on there, that looks like IMHO it should be illegal" is not a good way to approach making arrests. Yes, L.E. was abrasive and made the situation worse, as he always does, but that does not excuse drawing a gun on a permit holder who has a pistol and it does not excuse not knowing what a pistol is.

Let's don't forget that this was all about baiting the LEO's. He chose a questionable weapon on purpose. I don't blame the cops at all.

[Caster]

What I don't understand is how the guy has made it soooo far.

Usually these tactics land you a visit from a half dozen Monadnocks followed by six cops claiming he tripped over a curb and fell.

While I cannot abide a cop taking the law into his own hands and not following due process, in this case,

[monkeylizard]

He is now the douchebag known as Voldemort.

Nashville's NPR (WPLN) covered the story this morning. Their headline was "Appeals Court Rules Against Radnor Lake Rambo."

Who says bed-wetting liberals at WPLN don't have a sense of humor? That's an awesome nickname for L.E.

[gjohnsoniv]

My boss just asked me who this guy was. Apparently it was also in papers this way.

[mikegideon]

What I don't understand is how the guy has made it soooo far.

Usually these tactics land you a visit from a half dozen Monadnocks followed by six cops claiming he tripped over a curb and fell.

While I cannot abide a cop taking the law into his own hands and not following due process, in this case,

SOMEBODY certainly should have kicked his ass by now. They were in a convenient position to do so

[Caster]

SOMEBODY certainly should have kicked his ass by now. They were in a convenient position to do so

Agreed. THis guy certainly deserves the Rodney King Humanitarian Award.

[Jonnin]

Let's don't forget that this was all about baiting the LEO's. He chose a questionable weapon on purpose. I don't blame the cops at all.

I do not blame them, nor do I advocate LE's activities. But there are a lot of things that could have been handled better --- no blame, no real wrong-doing, but needs work.