Leonard Embody. Again.

T

Tom Servo

Staff
Some folks might remember Leonard Embody. He was arrested for strolling down a busy road in Belle Meade with a revolver in his hand, and he tried to sue. He was detained for carrying an AK-47 pistol around Radnor Lake park with the tip painted orange, and he tried to sue. Basically, he's fishing for lawsuits and wasting everyone's time in the process.

Following the Radnor Lake incident, his carry permit was suspended. In Tennessee, they can do so if they believe the person in question “poses a material likelihood of risk to the public.”

He's not doing us any favors.

Recently, he decided to dress a suppressed AR-15 up in a kydex bondage case and walk around Nashville. Upon being detained by officers, he stammered the usual stuff about unreasonable stops, but he still got arrested.

Was this a 5th Amendment violation like he claims? Was this another law-abiding citizen being hassled for open carry? No.

The suppressor was the problem. Tennessee law, Section 39-17-1302, prohibits ownership of unregistered NFA items. It is an affirmative defense if the owner can prove the items are legally registered, but that's a defense made in court, not on the side of the road.

I've no doubt he'll bring another lawsuit, and that he'll publicize the event on what few forums will still have him. It's important for people to understand that Mr. Embody, like Adam Kokesh, does not represent us or our interests.
 
If you have the registration on you when you're stopped, should you still be arrested?

I'm not commenting on the specifics exactly as this wasn't part of the details provided, merely looking for an expanded statement on your claim that registering these items is an affirmative defense to be provided at trial. If the police can arrest you every time you walk out the door with one, and force you to defend such at trial- what's to stop them from arresting this guy every time he picks his property up from the clerk after each trial, and making him do it over and over until he finally abandons his property?
 
Yep, Embody was wearing a protective vest in this last exciting episode. The BATFE was called in on this one.

Embody does have an FFL.
 
If you have the registration on you when you're stopped, should you still be arrested?
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You can be. Ultimately, it's up to the officer's discretion at that point. Maybe he knows what a Form 4 is; maybe he doesn't. Maybe he just feels he can't verify it for legitimacy.

As it is, the senior officer in the video stated that Embody would be proving the legality of the item to the judge.
 
That would seem to me to be a valid reason for changing that particular law. If you possess a legally owned device, are detained for possessing that device, prove with an official federal form that you do possess that item legally, and are subsequently arrested for lawful possession, yes, I see a BIG problem with that law. I agree the clown in question isn't helping anyone but the anti's with his antics, but I could see someone with a brain challenging this particular law. I would love to see Alan Gura hit that one, but I think SAF and he are staying as far away from NFA items as they can.
 
JimDandy said:
If you have the registration on you when you're stopped, should you still be arrested?...
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armoredman said:
That would seem to me to be a valid reason for changing that particular law. If you possess a legally owned device, are detained for possessing that device, prove with an official federal form that you do possess that item legally,...
Click to expand...
Except it seems that, based on this story, Embody could not show any evidence that he legally possessed the suppressor:
...Police said he could not show proof that he legally possessed the suppressor...
Click to expand...

This appears to be a reprise of a previous provocative act of his in connection with which he lost in court. Some time ago he set up and provoked another confrontation with law enforcement, and then sued claiming he was unreasonably detained. He lost in the District Court (decision). The he appealed and lost in the Sixth Cirucit (decision). Essentially the courts found that since he went out looking to cause problems, he can't complain when he had problems.

There's a lot of information on him floating around. Just Google him if you're interested. He's also been discussed here and here.
 
He seems like he's trying to make people angry for the sake of it.

While I would be one of the first on TFL to defend someone for breaking an unconstitutional law, putting an NFA weapon in a form fitting sock and carrying it around for attention is NOT conducive or responsible.
 
What is a Kydex bondage case?
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It's a "vacuum formed" kydex case for a rifle. He's asking $500 for one.

vac%2012.jpg


It's on the front page of his site, right above what may be the most tactless possible promotion possible for a gun dealer right now.
 
Unfortunately this will probably not be the last thing he does. I do not support him, nor his methods.

Im not sure if he does file a civil suit again, if it would ever having a chance of sticking. When a person goes out of his/her way to create a problem, why complain when they finally get the problem that they sought after? I only see an end to Mr Embody's antics if he becomes a prohibited person.
 
Every fiber in my being wants to believe that this guy is an anti-gun plant, designed to make us look bad.

Unfortunately, I realize that he isn't and there really are people as clueless, self-centered, ignorant and unteachable as this on "our side". :mad:
 
This guy is just an idiot looking for attention and making every other gun owner look bad with his foolishness.
 
He is probably still mad that after the Radnor Lake incident, at least one local gun shop canceled his order for a suppressor. Then when he found someone that would sell him one, the local sheriff wouldn't fill out the ATF paperwork fully and he got denied. He was probably showing off to people that he had finally gotten one.

I was living in TN at the time of the Radnor/Meade incidents, and feel sorry for all the guys still there. His antics will kill the carry law.

Also, didn't he move to Florida or something?
 
Technically I agree that they shouldn't be able to search his locked case even if it has what looks like a suppressor. It could be a molded flash suppressor or something else.

But I also think they probably didn't have to try very hard to find reasonable cause to search it. In all likelihood, he probably gave them all the reason they needed to do it and clear their duties.

People like this will get carry outlawed.
 
I'm not a big fan of Skittles but the Arizona Watermelon Juice interests me. Is it any good?

That promotion is the only thing Jones Embody does which is worth talking about.
 
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Defense vs. Affirmative Defense

Tom, the Tenn law says that retaining the BATF permission slip is on the defense list, not the affirmative defense list.

Later in the section affirmative defenses are listed.

Not sure exactly what the difference is in Tennessee, but the difference is very significant in Virginia.
 
Frank Ettin said:
Except it seems that, based on this story, Embody could not show any evidence that he legally possessed the suppressor:
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The question was more about the generics of Tom's opinion that it's a defense for court to have a registration. That such an opinion opens up abuse and harassment from police forces that do not approve of a legal ownership.
 
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