Tennessee Firearms Assoc. Inc.

A Middle Tennessee man has sued a Nashville park ranger, alleging the officer was unfairly harsh when he saw the man carrying a large handgun in a park.

Leonard Embody says he was within his rights to carry an AK-47 handgun at Radnor Lake Park on Dec. 20. He has a permit to carry the weapon, according to the federal lawsuit.

Embody says that park manager Steve Ward pointed a shotgun at him and handcuffed him as Embody was walking through the park. In his lawsuit, Embody says he was detained by police for more than three hours in all, longer than police should have needed to determine whether he was committing a crime.

Last year, state legislators passed a law that made it legal for permit holders to carry guns in Tennessee parks.

Ward did not return a message left at the park Tuesday afternoon. Meg Lockhart, a spokeswoman for the state Department of Environment and Conservation, would not comment directly on the lawsuit.

In a statement, the department said it was "dismayed that someone would carry a weapon into a state park seemingly with the intent of testing authorities and the boundaries of the new gun law, while alarming others who want to enjoy the park."

Embody, 37, who lives in Brentwood, could not be reached Tuesday. His attorney did not return a call for comment.

Before his encounter with Ward, Embody says in his lawsuit, a park ranger saw him with the gun, asked him about it and let him continue on his way. The lawsuit says Ward confiscated his gun after ordering him to the ground.

Metro police arrived a few minutes later and told Ward that Embody wasn't breaking the law, but he says in his suit Ward held him for an hour longer. He says he was given his gun and ammunition back and released after he protested an arrest citation officers tried to get him to sign.

Metro police said Embody was never arrested or cited.
In a statement, Lockhart said it would be illegal to carry an AK-47 rifle in the park, and that police were initially concerned that was what Embody was carrying.She said he was allowed to go when the gun was determined to be technically a handgun. It had no stock and a barrel shorter than 11 inches.

Different gun this time
On Jan. 23, Belle Meade police responding to a phone call about a man carrying a gun in public found Embody walking down Belle Meade Boulevard with a black-powder pistol in his hand.

Belle Meade Police Chief Tim Eads said officers detained Embody for about 16 minutes and questioned him about the gun. He was released without citation or arrest.

"He called (carrying the gun) his right," Eads said.

Embody has filed a formal complaint with the department over that encounter.

Eads said the investigation into Embody's grievance is ongoing, but that he has found no evidence that police acted wrongly.

"There's a hundred million reasons why police would check a guy walking around with a gun in his hand," the chief said.

Yes... He made WSMV's 6:00 news as well... I guess he is sitting at home tonight, just giddy over all the attention he is getting.

You know, while he was on here stirring up the stink back a month or so ago, I ran across so much information on this guy and his attempts to get attention that it was just plain sad. I guess this is what happens to you when your mommy and daddy don't love you enough when you are young. In my opinion, it fits right in with those people that punch all those holes in their face so they can hang metal out of it... Looking for attention any way they can get it, and willing to put it right in your face to do so. The only trouble is they're just so danged ugly you either don't want to look at them, or you have to choke back a laugh - then they get mad and act like you are the one with the problem.





See what I mean? Sheeessshhh! These people must never fly on a commercial airline, or go into a courthouse... They couldn't get past the magnetometer. Can you imagine how bad they look without their "jewelry"? Can you say Swiss Cheese?

Mike

I'd say it's pretty safe to say that you're taking this to an unhealthy level Lenny.. My prediction? The case will be dismissed for a lack of credibility on the part of the plaintiff, & evidence against said park ranger..

Well I never thought about his sad little cry for attention. I was thinking that with a user name like "kwikrnu" he was just looking for a confrontation. I was not surprised by his filing suit, I said a month or so ago he was looking for someone to say or do something so he could sue. I am curious as to who his attorney is, B*rt Durh&m or Hughes & Cole%an. Since his ego was injured. I had to laugh when I read the following statement he made, "Embody says that park manager Steve Ward pointed a shotgun at him and handcuffed him as Embody was walking through the park." What the he double hockey sticks did he expect? Most all LEO would have handled it the same way. Again what did he expect? A LEO sees him with a firearm,
AK-47, easily accessible and highly visible and looking like a cut down version of an AK. He was looking for a confrontation and he got one. I guess he wanted the Ranger to get out & offer him a RC & a Moon Pie. Sheesh what an idiot.

I admit, I didn't think he had the guts to go that far, but I actually wish him luck. If he actually succeeds it will put the government workers who don't like us, and enjoy disarming/cuffing us on the defensive - where they belong. Of course, the potential to backfire if handled wrong (and oh I do expect him to do that) is rather large. Of course, in the end I still lean towards taking risks. Nothing ventured, nothing gained. Good luck Leonard, (but you are still a troll as far as I am concerned.)

I mean if he hadn't painted the tip of his gun orange, & used deception, I might be on his side.. Sure he was probably held a little too long, & maybe (possibly) the shotgun was a little over the top, but we weren't there, so I'm going to have to trust the officers based on the fact I've been to that park many times, & never felt like they were overbearing or aggressive. I don't think this was really a case of law enforcement purposely overstepping their bounds, as much as it was that they didn't anticipate such a pretentious attention whore walking into the park.. They were probably pretty confused about how to handle such a weird situation.. I mean put yourself in their shoes..

We also have to remember that he has a history of going around & testing people's nerves.. There's nothing constructive about doing that after we've won a righteous battle to carry in Parks.. It's just counter-productive.. What he needs to realize is that while there are many cops out there who are overbearing, power tripping jerks, there are like 90% of them or more, who are just trying to do their job & make it home alive.. Also, if he had just kept this gun out of sight out of courtesy, we'd be talking a whole different discussion here.. I know he doesn't HAVE TO under the law, but this is ridiculous..

I mean I'm sure the Park doesn't specifically have a rule that says you can't carry a golf club around there, but if the cops/rangers follow you around the whole time you are there, well that's their right too, so you shouldn't complain.. Displaying a firearm can in fact be a means of expression, & therefore convey a message.. Between the orange tip, & the unpractical application of the firearm he had, the message he was sending to the Rangers was:

I'm too stupid to know that by the time I draw this heavy, clunky gun in a face to face confrontation, & level it up at any target accurately, I'll probably be shot or stabbed six times. I'm too stupid to realize that pointing a gun at police these days, orange tip or not, is justification for them to shoot me.. Therefore I may be unstable enough to think it's ok to use it over a verbal confrontation or a minor fight/scuffle. I'm too stupid to realize that under the law in Tennessee, a law officer has the right to check my weapon if it is visible to see if it's legal, AND that with a converted assault weapon, that could take some time, since there are so many guns/manufacturers/models to deal with..

Everyone here knows that I don't like Police Militancy, & I don't like people's rights being violated. However this is a clear case of BAD MOTIVES, & it's akin to entrapment by Police. Except this time the attempted entrapment was perpetrated by a citizen.. I would urge Mr. Embody to reconsider.. He's going to have a tough time keeping or finding jobs, because nobody likes a constant wise guy around them, & nobody has to hire him either for private business, or freelancing, or whatever.. I mean how can you trust a guy who is possibly trying to set you up for a fall based on his past behavior?

You're ruining your reputation bro.. I'd suggest dropping the case, but it's a free country. You can do what you want..

Make no mistake, I think he is an attention seeking troll. That said, if he actually manages to pull this off, I am not as worried about losing ground as you Robert. I however don't expect him to win, and merely give us a black eye in as bad a manner as possible. I agree with you both, it is entirely possible, and I even think likely, he is doing this for an ulterior motive.

Civil disobedience is never easy or popular. Mustn't upset Master by getting in his face and exercising your rights as a Free Man. Furthermore, if you have to ask permission to exercise a right, it is no longer a right but a privilege. Think about it.

Here is where I see him actually failing. It is my understanding that the law doesn't actually change on National parks until Feb 22,2010. If it is a Metro park ,If I remember correctly metro voted down carry in their parks. This is just something that came to mind this morning. Someone correct me if I am wrong.

It's a state park Chris, & exempt from Metro's influence (Thank God)..

As far as Richard Hamblen's comments.. Like I said, if he hadn't painted the tip of his gun orange, & brought a totally impractical firearm solely for the purposes of intimidating people & pushing their buttons, then probably every person in the TFA, & every Gun owner in Tennessee would be on his side.. Motives do count for something Richard.. Don't we have enough laws on the books? I mean should we now have to create one that says you can't paint the tip of a real firearm orange to deceive people? Or can we just use some freakin' common sense & condemn people who do this type of deceptive stuff unanimously as a 2nd Amendment Rights defending community? Oh, & what was with him wearing camouflage too? Yeah he can wear whatever he wants in a free country, I know that, but camouflage in the absence of a weapon is a fashion statement.. Camo while carrying a weapon is what Hunters, Paramilitary & military do for a purpose.. That purpose is tactical advantage through concealment.. Were the cops supposed to not have ANY concern whatsoever given the whole presentation? It's a nature trail! Not a hunting trail!

The goal is to preserve Second Amendment Rights, not enable people who want to go around screwing with people's heads to get their rocks off, or make a point.. I'm not defending someone that puts a mask on their face when carrying a gun, or tries to make it look like a fake one. I don't agree with cops being able to cover their face either mind you.. Makes it too easy for them too feel anonymous while using excessive force.

But look, in Embody's own words:

"Cops don't shoot people with airsoft guns. If this handgun looks like an airsoft the cops won't shoot me."

Those of you who are in the Airsoft community, & who have children with Toy guns can thank Mr. Embody for needlessly putting police on edge with this statement.. Because like it or not, they are human too, & they don't want to get shot because they hesitated to fire on someone with a real gun pointed at them disguised as a fake one. Now your teenager is potentially a little more at risk walking around with an airsoft gun than he/she would have been were it not for Embody's idiotic actions..

The fact is that civil liberties are NOT subject to the opinion of man alone, but they ARE subject to acceptable moral conduct in society. If you are going to carry an AK around, then don't complain when the police ALWAYS have a .308 rifle strapped on in a few years, because hey, fair is fair right? Embody practiced intimidation, period. His actions do nothing but give a good excuse to the Government for the rise of Paramilitary policing in America.. If Mr. Embody wants to be able to Carry more firepower in the Parks, let him go to his legislators & go around petitioning other citizens to support it, but don't try to use intimidation & deception. That is what he did here, & those no excuse for it.

Did a little research.. What we are most likely dealing with in the case of Mr. Embody is an extremist Civil Libertarian. A look at his favorites list on his YouTube Channel shows me where he got his inspiration.

This case led to a monetary award, & a change in Police training: http://www.youtube.com/user/JosephPonikvar

I am not really disturbed by what Joseph Ponikvar did, because he open carried a weapon that should not have caused any questions from what I understand, & he didn't paint the weapon's tip orange either.. He was indeed harassed by officers who didn't understand the law, & made him lay on the ground at Gun-Point. That is indeed unacceptable behavior by our law enforcement especially when dealing with a person who is walking with a HOLSTERED weapon, in a state that allows open carry. Whether or not he was testing the police by walking around that way is pretty irrelevant, because he wasn't doing anything wrong, deceptive or unusual. Yes the tactic he used would be askew, because it could be dangerous to him to do so. Do I think that Police should be tested from time to time, to see how they react to legal gun situations? Well maybe, but not under uncontrolled circumstances, where somebody could be hurt or killed because of a misunderstanding.

The difference between Embody & his predecessors is that he seems to be trying to out-do others, & be the most extreme, & have the best "cop busting" video, under what is in his mind the most clever of circumstances he can create. While I agree that it is the job of the citizenry to keep "Law Enforcement" accountable for upholding the law & the Constitution, as "Peace Officers", we don't need people going out & testing the nerves of Police officers who actually may have just received poor training. If we as a citizenry feel that they need to be better educated on open carry & the law, then let people like Embody who are concerned about it, go to Police Chiefs & legislators, & have the discussion with them.. That is what I did in my Town.. I politely reminded my Police Chief that under certain circumstances "Open Carry", may be appropriate for a citizen, & I suggested that officers are occasionally reminded of the need to tread lightly with citizens when they are walking around with a holstered firearm.

Now I'm going to tell you an interesting story.. When I first got my carry permit, I was very conflicted about whether to open carry or not. So maybe the 3rd time or so I carried my pistol, I decided to carry it open, not to scare people, but just to get an honest meter on the public reaction. Before I did it though, I had a strategy. I would present myself as the least intimidating person as possible, & ignore my gun (which looks much like what officers carry), & be very friendly to everyone, but not stare too long, let people go ahead of me in line, hold doors for people..

I went into several retail stores, & even the Goodwill, & do you know, I never got one weird or frightened look from anyone? And I mean, I was in visual contact with well over 100 people.. No Cops called, no palpable fear. Now since then I've become an advocate of concealed carry, & open carry only when there's a practical reason.. There are reasons for that, but I won't go into them too much for this post, as they can be found elsewhere on this message board.

On another occasion, I was with my wife at a restaurant, & my T-Shirt rode up over my firearm which was holstered outside, at about 2 o'clock.. Well, I hadn't noticed, but a teenage boy about 17, who was with his family came over to ask about my gun, & when he could get his permit. Now apparently there was something about my wife & my demeanor that made his father feel safe letting his son come over to us & ask a guy with a presumably loaded gun questions..

My point is that if you do open carry, being nice does make a difference in how people perceive you. In the first instance when I purposely exposed my firearm, because I didn't walk around looking shifty, nervous or like a tough guy, I think honestly that a lot of people assumed I was a law enforcement officer or an armed security guard out of uniform.. Their second assumption would be correct, but I think they felt safe NOT calling the Police at the sight of a "Man with a Gun", for two reasons. One, my attitude didn't make a big deal about the gun (even ignored it essentially), & two, I made sure not to look like I was doing anything but "shopping for stuff". So as David Lewis has said here before, your demeanor in that situation does make a big difference. Yes a couple people looked at my pistol & then at me, & I promptly said something like "Good Morning" with a nod of my head, & kept walking like I would do whether or not I was open carrying. In other words, I didn't feed into their reaction, I just let them have it, & process it, & didn't try to influence it either way with body language, or my own avoidance of them, or eye contact, ect..

I want to give a lot of people credit here.. I know some may not agree with me, but I believe that most people know deep down inside that Guns are not bad, but Bad people with guns are what scare them. So if you do have a reason to open carry one day, I'd suggest doing it with confidence, & if questions come up, just be polite.. Now I'm not talking about people (including Police) asking invasive or overly aggressive questions. You don't have to answer things like, "where are you coming from", or "when was the last time you had a glass of wine or a beer", or what have you.. But when that young man asked me why I (personally) carry a firearm, I said, because it is my duty to protect my wife & family, as well as myself from anyone who may try to seriously harm us. He agreed.. The conversation was productive.

If a Police officer asked me why I feel the need to carry a firearm when there are Police to Protect me, I would give the same response, but perhaps add: "With all due respect, & while I completely appreciate your service to the community Sir, you are likely going to be anywhere from 5-15 minutes away at a moment when I might have 5 seconds left to live.. I chose to exercise my Second Amendment Right, because it's a practical way to help ensure my safety."

It's not about being a cowboy, or a hot-shot. It's about valuing human life, & protecting human life from evil, period..

That's a couple of very good, cogent posts there, Dan. Well said!

David

Dan Excellent post and extremely well worded. I have been perusing his youtube channel. He seems to be testing laws or again looking for someone to make a mistake so he can sue.

He's going to cross paths with the wrong person someday and not live to file suit...


To quote Bugs Bunny: "What a maroon!"

Oh, and if that does happen to him... Well, I'm sure I wouldn't be the only one...

I agree with you Mike. What I am afraid of is, he will get into "situation" and unjustly fire and hurt orr kill someone. Heaven forbid he think he knows more about law than anyone else and fires at a LEO. He is already claiming to be an attorney anyway. What a jerk?