Do you agree with the court?? Open Carry

Laxguy59

Default rank 5000+ posts
The Hen that laid the Golden Legos
64   0
Joined
Jun 24, 2010
Messages
21,903
Reaction score
1,288
Location
Gainesville, Cumming
So I'll begin with a short background. I think we all agree this man is a jackass.

Man (P) is suing Tennessee park rangers for violations of his 4th Amendment rights. He claims he was detained and harassed for lawful activity. He has a history of filing lawsuits in states regarding open carry.

Now for the activity:

P lives in Tennessee and has a valid carry permit

Tennessee had just recently changed their law that forbid carry in parks so that one can carry a pistol(a rifle is still forbidden) with barrel under 12" in length.

P goes to state to walk in park with a Draco with 11.5" barrel

P paints his barrel nut neon orange because he fears cops would shoot a man with a real gun upon seeing it, but that this orange tip would stop them long enough that they may not shoot him on site.
i50.tinypic.com_2utjo6e.jpg


Additionally, he wears camouflage and Gortex while he is on his walk and uses an audio recorder to record conversations with park rangers.

While walking he encounters a park ranger who asks him if the gun is real, he responds yes it is, asks if the ranger needs any other information and lets him know where his car is parked if he has further questions.

Upon returning to his car there are multiple rangers who command him to the ground at gunpoint, take the Draco, search/frisk, and assert that it is a rifle and therefore illegal.

For about an hour the police kept him at the location(uncuffed but also stripped of his legal weapon) but released him when a different officer confirmed that a Draco was in fact a pistol.

During this hour he talked to people passing at one point answering a man who asked if that was a gun with something along the lines of yes 30 rounds of 7.62x39.


The Federal court found his rights were not violated as he worked to appear suspicious.
“One passer-by spontaneously held up his hands when he encountered Embody,” two other visitors told a ranger they were “very concerned” about him, and an elderly couple reported a man in the park with an “assault rifle.”

The court calls Embody’s detention and the subsequent lawsuit “predictable.” It notes that Embody apparently anticipated something of the sort. He carried an audio-recording device with him.

Embody’s attorney, Phillip Davidson, did not immediately return a call requesting comment on Thursday morning. Embody’s phone number is unlisted.

Concluding that Ward’s actions were reasonable, the court writes that, “having worked hard to appear suspicious,” Embody cannot cry foul because park rangers took the bait.

“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,” the court writes. “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.”
http://www.theleafchronicle.com/vie...an-who-carried-AK-47-pistol-park-loses-appeal


So was the court right? The two main suspicious factors were the orange tip and camo. But sans the orange tip, he was just a guy in a common pattern of clothing exercising his legal right.

Although this man has been banned from nearly all firearm forums on the web and had his CC license revoked by the state of Tennessee, the court takes a stance here that could affect OC as a whole, what defines "working to appear suspicious"?
 
morons who go looking for trouble to prove they are smarter than the law shouldn't be surprised when they find it......the court will always take the side of officer protection
 
sounds like he was after the attention.....made sure he had an audio recorder and all.......typical douche bag in my book.....
 
Is hunting allowed in the park? If not they could have suspected he was trying to Hunt with an orange barreled Draco

Either way the guy is an idiot and accomplishes nothing but wasting people's time and makes gun owners look bad.
 
sounds like he was after the attention.....made sure he had an audio recorder and all.......typical douche bag in my book.....

He may be a douche bag, but what standard does this set? Can't wear camo and OC? Once I find the appeals court full decision I want to see what weight they put on the orange tip compared to the fact that he had a recorder and camo. We have the right to record these incidents just like the police do and we shouldn't give up rights to wear camo (well that's debatable camo is ghey). Disguising your gun as a toy is obviously attention seeking, but now one has to wonder if those hyro-imaged guns can earn you an hour waiting with cops. I just get a bad taste that the colors of our guns, color of our clothes, and legal precautions (video/audio) strip us of our 4th amendment rights.
 
Maybe he was looking for attention, but he wasn't breaking any laws. If I wanna walk around with a Draco or a Kel Tec PLR16 or anything of the likes then by freaking God I will because I can. You ever think maybe the guy is tired of the way people who do LEGAL things get treated and is trying to do something about it. He was in the right and that is that. The court is wrong and I normally hate almost all lawsuits but I really hope he wins this one.
 
so the thing for gangsters to do is paint the barrel of their gun orange and cause hesitation by the police.......the key to our retaining gun rights is not acting like rectal openings and forcing issues unnecessarily...we don't need easily persuaded uninformed people to be subjected to propaganda by anti gun people- owning guns is like raising a teenager- you want to be treated like an adult act like an adult (who has a gun)
 
i dont know what happened there and im sure all the details aren't in the excerpt but i would be willing to bet this guy was set out on looking for a confrontation of sorts.......you go looking for a situation....you're bound to find yourself in one...
 
Maybe he was looking for attention, but he wasn't breaking any laws. If I wanna walk around with a Draco or a Kel Tec PLR16 or anything of the likes then by freaking God I will because I can. You ever think maybe the guy is tired of the way people who do LEGAL things get treated and is trying to do something about it. He was in the right and that is that. The court is wrong and I normally hate almost all lawsuits but I really hope he wins this one.

His next stop would be the Supreme Court if he chooses to take it that far, doubt they will accept it. Do you think the orange tip is enough for search beyond a simple license check? I think the orange tip warrants asking if it is real, confirming if it is real, and checking CWP, but certainly doesn't warrant frisk or detainment.


People, people, I know he hurts 2nd amendment rights with his actions and is a loser, but focus on the court's ruling here and its implications. Our rights to many of our amendments have come at the defense of terrible people, but focus on the law and how it may decide future cases of less jackassy people.



Oh great white, it is fairly accurate as he posted the audio recordings on forums when this initially happened.
 
Last edited:
Back
Top Bottom