NASHVILLE, Tenn. (AP) — The Tennessee Court of Appeals has ruled against a Brentwood man who claimed state law regulating the carrying of firearms was unconstitutional.
Leonard Embody filed a lawsuit in 2010 after state officials took away his carry permit, finding a “material likelihood of risk of harm to the public.”
The revocation came after Embody was detained by Belle Meade police in 2010 while walking with a .44-caliber black powder revolver in his hand. He was detained in 2009 while walking in Radnor Lake State Park with an AK-47-style pistol. He also has been stopped in at least three similar incidents, although he was never charged with a crime.
Embody, who represented himself, claimed in court that the Second Amendment to the U.S. Constitution gives him a right to carry firearms.
According to the court, “The crux of Embody’s argument is that, as a law-abiding citizen, the legislature may not constitutionally bar him from carrying loaded firearms in public.”
NASHVILLE, Tenn. (AP) — A judge has upheld a state statute that restricts the possession of firearms in a case involving a Williamson County man who carried a pistol at a state park.
Chancellor Russell T. Perkins on Monday ruled against Leonard S. Embody of Brentwood, whose loaded AK-47 pistol was seized by a park ranger at Nashville’s Radnor Lake State Park in 2009. The ranger, Steve Ward, said Embody posed a threat to others by carrying the pistol across his chest while walking around the park.
Embody earlier lost rulings in federal court on the same issue.
After his arrest, the state in 2010 took away his permit to carry a firearm. Embody had claimed he had a permit for the weapon, which was a legal handgun.
Perkins ruled that Embody’s argument that the statute is overbroad is without merit. The judge also said Embody failed to show that his right to due process was infringed.
Embody did not return a phone call from The Associated Press on Wednesday seeking comment on the decision.
State Attorney General Robert E. Cooper said in a statement he was gratified that the court “upheld the constitutionality of reasonable laws regarding firearms outside of the home in the interests of public safety and crime prevention.”
Embody has also been stopped by police at least three other times in similar incidents. In 2010 police in the Nashville suburb of Belle Meade detained him after he walked down a street with a .44-caliber black powder revolver in his hand.
Gun rights activists have criticized Embody, saying his provocative style hurts their cause.
The statute outlaws “the carrying of firearms for the purpose of going armed.” There are exceptions for those with permits, hunters, farmers to protect livestock from predatory animals and other cases.
A judged has ruled that a Brentwood man who walked through Radnor Lake State Park with a loaded gun did not have his rights violated when park officials seized the weapon, according to the Tennessean.. Leonard Embody had sued the state, saying his constitutional right to bear arms and his right against illegal searches and seizures were violated.
On Dec. 20, 2009, Embody went to the park wearing camouflage, with a short-barreled AK-47-like gun strapped to his chest. Park Manager Steve Ward and Metro police detained Embody but determined the gun was legal because it was less than 12 inches long. Police let him go.
U.S. District Court Judge William Haynes said Embody’s rights were not violated and granted Ward’s motion to dismiss the lawsuit.
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.