Judge Changes Mind, Allows Lawsuit on TN Gun Law to Proceed

[Tim Nunan]

http://blogs.knoxnews.com/humphrey/2011 ... -laws.html

NASHVILLE, Tenn. (AP) -- A Nashville judge has reversed himself and revived a lawsuit that may determine how much the state of Tennessee can regulate guns.

Leonard Embody, 38, of Brentwood, filed a lawsuit against the state of Tennessee last year after it took away his permit to carry a firearm. He claimed the state violated his constitutional right to bear arms.

Last month Davidson County Chancellor Russell Perkins dismissed Embody's lawsuit against the state, saying that Tennessee was well within its authority to regulate "constitutionally protected weapons."

Embody, who is representing himself, asked the judge to reconsider his decision to dismiss the suit, arguing that the judge failed to address his challenge under the Second Amendment and in light of a recent U.S. Supreme Court decision that expanded gun rights. That 2008 decision held that the Second Amendment protects the individual right to own a firearm for self-defense.

Last week, Perkins reversed himself, saying that Embody had filed a "respectful, well-crafted" request for relief.

Embody did not respond to a message from the Associated Press seeking comment.

"This decision provides both parties the opportunity to further develop the record," Sharon Curtis-Flair, a spokeswoman for the Tennessee Attorney General's office, said in an e-mail. "Since the plaintiff is representing himself, we consider this an opportunity to ensure he feels he has had his day in court."

Embody has said that the state had no right to take his gun carry permit away because he committed no crime. The suit says the state revoked the gun permit after finding there was a "material likelihood of risk of harm to the public."

Embody made news last year after carrying an AK-47-style pistol across his chest while walking around in a state park. He has also been stopped by police at least three other times in similar incidents. Last year police in the suburb of Belle Meade detained Embody after he walked down the street with a .44-caliber black powder revolver in his hand.

Gun rights activists have criticized Embody, saying his provocative style hurts their cause.

[non_mental_defective]

I still don't see even the pretended legal justification for taking his carry permit. This is why permits are bad. Government can yank a privilege whenever the mood hits it.

[Markus]

Ah good an update to the case I have been talking about. I should have been paying more attention to the threads.
TDOS had no right to take his permit. I don't care what he did provocatively. As long as it was legal his permit should not have been taken. That opens up what I've been talking about in the other thread...bureaucrats with the right to arbitrarily revoke someone's rights for exercising those very rights. That cannot be allowed to stand..no matter what one's personal opinion is of another. Don't pick and choose or you lose.
I don't believe some of the more radical hype about this guy being a "plant" either. Not unless someone has empirical evidence to support such a radical theory.
I think this fellow just went too far trying to prove legal points, then apparently got completely abandoned by the Gun Rights community that is supposed to protect the Gun Rights of ALL people that are (truly not what some cardio doctor says)sane, legal citizens of this country.
There are no "classes" of people here. I've known some in Law Enforcement that seemed to think they were a higher "class" due to their duty to enforce the Constitution and the Protect the Rights of the People, though these fellows were on the "I'm a God" kind of thinking..rather more akin to the "I'm better than you." line of thinking. If they didn't wise up they didn't last as LEO's..or will end up in the papers one day.

Point being I do hope that isn't a psychological event that happens amongst Permit holders and "Club" members as well.

This fellow did some inadvisable things, but he broke no laws. That's really that for me. He doesn't deserve to have his permit suspended via arbitrary "decision" by TDOS period. It opens it up for other such "risks to public safety" letters in the mail.
Defend what he did? No, but point out it's not illegal and point out why it should never be illegal. The guy didn't shoot anyone or point his weapon at anyone did he? Not that I heard.
Do I get abandoned by the entire community of Gun Rights "advocates" for having a long hair style and OC'ing if I get a letter in the mail after an undereducated Law Enforcement officer confronts me(purely hypothetical of course)? Will my long hair be "EVIL" and "provoking" as this fellow's "camo" was in the Park he went to with a Draco(must have been a Draco).
What about my black leather biker's jacket? I wear that when it's cool. I don't have a even parking ticket on my record either. Did this guy have any kind of criminal record at all? I did not hear that he did...and I'm sure that would have brought a more immediate response/suspension after his first escapade by TDOS.
To think of it that could have been me. I walk/hike/ride in parks that allow carry and I carry openly. I think the park event happened in the fall(?), so I would have been wearing my black leather "biker's" jacket. My .45 automatic would have been fully visible on my side. Same undereducated person sees me...calls the cops for a guy with a black jacket and long hair with a pistol in the park. I may have got to be on the news perhaps instead of this guy for simply carrying my normal sidearm and had my license revoked for being a "risk to public safety". It could have easily have been me being hassled and detained based upon appearance profiling which is still practiced of course. I wouldn't have been carrying a draco, but I still would have had that "evil" long hair style and an "evil" black jacket.

Again I don't particularly agree with the provocative camo wear in the park with a slung Draco or him carrying a muzzle loader .44 near dusk down a street(still legal under the Tennessee Constitution at least at the time), but I don't agree with abandoning the guy to the wolves either. Counterproductive to allow them to convict the man of nothing in order to keep his license suspended. It has implications beyond this one man and his inadvisable, but legal actions in exercising his Rights.

[Markus]

The fact that I'm not hearing any support aside from a few in the Gun Rights community and the apparent condemnation of him from some Gun "Rights" organizations even with the inadvisable, but legal rights this person exercised is very unappealing.
The fact the guy has to represent himself...is also very unappealing..I must also make note of my opinion that I find it a bit disgusting..barring further information..that this person has been COMPLETELY abandoned by the Gun Rights community and it's organizations.
I can see myself in a situation like this. I dress casually, have long hair, and my winter/cool weather/nighttime jacket I wear and have worn for over a decade is a black leather biker's jacket..the kind people see in action movies with "bad guy" bikers.
This guy was just wearing "camo" which I also wear when I hunt.
Despite not carrying a Draco..I do carry a .45 openly..everywhere. It's mobile life insurance that I don't intend on giving up.
Do a "What if?" on what I said in my previous post..replacing me ...with my long hair, mustache, biker's jacket, with my large frame .45 strapped to my hip walking in the same park with the same person or persons that called or the Ranger seeing me..also noting I am 6'5" tall and around 220pnds.
Imagine it going bad due to ignorance of the law(not on my part).

Would I be so easily abandoned, because I chose to dress the way I always dress and have people judge me for my appearance while open carrying(going about my daily business and activities)? Aesop's Fables anyone?
All I can do is say "Oh well" and state my opinion. No one should be abandoned by the Gun Rights Community on a Gun Rights issue without great impersonal logical cause.

[Markus]

Upon further reading...the guy is an ASS, but my opinion stands.

[tnPatriot]

I'm just catching up on this tread as I just moved to TN. I open carry and have had zero issues with police so far. I've haven't experienced a traffic stop but I have encounter both the local Police and Sheriff at gas stations, restaurants etc. I usually gets looks or a nod but not in a disapproving manner. On one occasion, I fueled up at an Exxon, but the pump didn't print a receipt. I went inside to see the clerk and standing off to the side was a Sheriff chatting with her. I made eye contact with him and he immediately noticed my Glock. There was some confusion about the pump number, which isn't visible from the store. I mention the location of the pump I used, relative to the Sheriff's car at one of the other pumps. He look outside and told the clerk which pump I used. He seem uninterested in me and continued to chat with the clerk after I left.

One reason I think I don't draw too much attention while carrying, is my appearance. I groom and dress conservatively so nothing stands outs. The flip side is that I've been asked if I'm "off duty" or "where do you work". I explain I'm not a cop but have a State issued gun permit. In one case the guy was unaware civilians could carry guns and ask how to get a permit. I told him the process and to visit the local gun store, learn about the carry course and look at some firearms. By the way, if I open carry I also wear certain color pants and shirt that reduces the guns visibility. I'm also conscious of people in the surrounding area, void standing in lines and select restaurant tables in corners. I take other measures for safety reasons, but these are the basics of lowering my profile in public.

I've viewed some YouTube videos of lawfully arm open carry citizen getting constant scrutiny from the police because concerned people seeing a man with a rifle or gun. In some cases they are unlawfully detained even arrested. But there are some aggravating, but irrelevant circumstances. Many of them are carrying an AR15' full of tats and metal. Some look like gang bangers or skin heads and dress the part. Cops often deal with this look, but they are felons and career criminals. Of course, we can dress and groom anyway we wish when we carry - it's all legal. But it's likely to draw unwanted attention. If chose to look other than conservative, I would consider exclusively carrying concealed, but that's just me. On the other hand there are good cops who know the law and some are full of their authority so there is guarantee you won't be stopped and questioned just because you carry.