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Man Who Carried AK-47 Pistol In Park Loses Appeal


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Posted
  Quote
The court writes that, "having worked hard to appear suspicious," Embody cannot cry foul after park rangers took the bait.
  • Like 1
Posted (edited)

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 by MikePapa1
Posted

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.

Posted

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.

  • Like 2
Posted
  On 8/30/2012 at 8:00 PM, Jonnin said:

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.

Guest bkelm18
Posted

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

Posted (edited)
  On 8/30/2012 at 9:04 PM, QuietDan said:

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 by Jonnin
Posted
  On 8/31/2012 at 1:12 PM, Jonnin said:

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.

Posted

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...

Posted
  On 8/31/2012 at 2:03 PM, Sour Kraut said:

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.

Posted
  On 8/31/2012 at 3:26 PM, Jonnin said:

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.

  • Like 1
Posted

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, :shrug:

Posted
  On 8/30/2012 at 10:48 PM, mikegideon said:

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.

Posted
  On 8/31/2012 at 4:09 PM, Caster said:

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, :shrug:

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

Posted
  On 8/31/2012 at 4:33 PM, mikegideon said:

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.

Posted
  On 8/31/2012 at 3:35 PM, mikegideon said:

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.

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