Tag Archives: lake

Judge Upholds Law Banning Pistols in State Parks

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.

Deputy Sheriff/Alderman Charged with Sexual Battery

A Lake County sheriff’s deputy (who resigned last week) has been arrested and charged with counts of sexual battery and sexual misconduct, which were allegedly committed against two underage females, reports the Dyersburg State Gazette..
On Thursday, agents with the Tennessee Bureau of Investigation took Mario Montgomery, 33, into custody and he was charged with one count of sexual battery by an authority figure and one count of sexual misconduct by an authority figure.
TBI spokesperson Kristen Helm could not give out further details about the case, but she did confirm the victims were female juveniles and the TBI has been investigating allegations against Montgomery for the past two weeks.
Montgomery was a Lake County Sheriff’s deputy up until last week, after which he resigned from his post. He is also an alderman for the city of Tiptonville.
Lt. Danny Tippitt II with the Lake County Sheriff’s Dept. stated Sheriff Bryan Avery has referred all questions about the case to the TBI since they are in charge of the investigation.

Judge Dismisses Pistol-Packing Lawsuit

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.

Haslam Revives Plans for Development Beside State Park

Now that Republican Gov. Bill Haslam is in charge of the Department of Environment and Conservation, promoters of plans to build a lodge and convention center next to Norris Dam State Part have been revived, reports Bob Fowler.
The Campbell County Lighthouse Lodge and Convention Center is proposed on a bluff overlooking Norris Lake and the dam.
The project, estimated to cost between $11 million and $14 million, would feature a 77-room lodge and a restaurant with meeting rooms to accommodate up to 250 people.
(Campbell County Mayor William) Baird said he has been in touch with officials with the state’s Department of Environment and Conservation, “and they are more open to working with us now than they ever have been before.”
That about-face occurred with the change in administration, Baird said.
Former Commissioner Jim Fyke in 2007 denied the county’s request to build the facility and supported his decision with a long list of reasons, from the loss of a scenic view should the project advance to current ample lodging in the area.
Supporters have long maintained that the lodge would be a boon to the Campbell County economy and spur more tourism.
Opponents say it’s a threat to the park and violates the 1937 act that created the state’s state park system.
The proposal would be funded with “junk bonds,” said Russell Chambers, chairman of the board of directors of Friends of Norris Dam State Park.
“It has a very small chance of succeeding,” he said.
A state Senate resolution asking TVA to approve construction of the project was unanimously approved April 6 by the Senate Environment and Conservation Committee. It’s scheduled for a Senate floor vote today.