The Questions Presented

[More]

Leonard Embody has filed his case with SCOTUS.

I know a lot of gun people disapprove of him and his methods, but I'd challenge his critics to look at the two questions he presents and tell us what they think the answers should be, and if they think we deserve to know how the Supreme Court would rule on them -- because if they rule it does not, it will be game over as far as relying on the system. 

I'd like to know if continued hope-pinning on the legal system for relief is just a waste of time, as I suspect, but even Embody doesn't give this much chance of being heard.

Rather than being afraid to hear the answer, we ought to have been demanding it all along.  I guess some feel if we don't ask the question, we'll never have to face dealing with the answer.

We can't want that frog realizing how hot the water is, now can we?

Thing is, those who know they're frauds fear giving their unequivocal answer to those questions just as much as some fear asking them.

Haslam Pledges to Sign Constitutional Carry Bill

Republican gubernatorial candidate Bill Haslam says he would sign legislation to eliminate Tennessee's permit requirements for carrying handguns in public, meaning most Tennesseans could go armed if they choose to do so. [More]

Would he really?

From Leonard Embody, via email:

He showed up at a Tennessee Firearms meeting last night. Me and a couple of other guys including Richard Hamblen got him to say he would sign legislation. This helps pressure the legislature.


This has been spreading all over Tennessee. It is a big deal because Haslam has a B rating with the NRA. He was a member of Bloomberg's Mayors against guns. As Mayor he oversaw the banning of guns in Knoxville City Parks.

Click here for the YouTube Q&A from Embody.

Revival

There was another story I've touched on before, and I've been receiving updates on it, but "Project Gunwalker" has kept me so dang busy I have not had time to do anything with it.

You remember Leonard Embody?  Here's a recent email:

My lawsuit against the state was dismissed in summary judgment on 1-21-11. I filed for an amended order and my petition was granted on 2-14-11. This is my lawsuit against the state of Tennessee which claims that Tennessee law prohibiting the loaded carry of handguns is facially unconstitutional.

 

Judge's amended order

 

My complaint

His lawsuit has been revived. Here are some related news links :

http://www.wsmv.com/news/26956944/detail.html

 

http://www.newschannel5.com/story/14077921/judge-revives-tennessee-gun-rights-lawsuit?Call=Email&Format=HTML

 

http://www.tennessean.com/article/20110222/NEWS21/110222057/Judge-revives-Tenn-gun-rights-lawsuit-?odyssey=tab|topnews|text|FRONTPAGE

 

http://blogs.knoxnews.com/humphrey/2011/02/judge-changes-mind-allows-laws.html

 

http://nashvillecitypaper.com/content/city-news/court-reverses-decision-case-gun-carrying-man-resumes

 

And yeah, I know there's no shortage of diss-Embodyers who say he makes us all look bad.  Most of those critics say I make us all look bad, too.

I didn't get into this to be good-looking, and yeah, I know, no danger of that...

Controversial gun activist arrested with 'silencer'

I was held a couple of hours and then taken to the CJC where I was booked and charged with possession of a silencer. [More]

Today's second Gun Rights Examiner report brings exclusive commentary from Leonard Embody on his latest arrest, along with video documentation of his initial police encounter and detention.

No Offense

Everything else is just posturing and airing of personal prejudices without force of law. [More]


Via Leonard Embody, who writes:

Remember I was charged with the crime of possessing a silencer even though they didn't know what was inside my gun case. They opened the case without a warrant. Then they said I had to show them paperwork. Then when they found the form 3 inside the gun case they continued anyway. A magistrate approved the charge. Then I went to a preliminary hearing where the judge said there was probable cause for the charge and that my federal paperwork looked like it had a "boy scout seal". then 10 months later I was indicted by the grand jury. finally yesterday the criminal court judge wrote an order dismissing the charge. His order and opinion definitely has some inaccurate findings, but the main thing is that the charge was dismissed.

A Higher Calling

We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense. [More]

By whom?

I'm sure I don't cede that decision to you.

In this case, the ball moved in the right direction.

But the ultimate "decider" on whether or not you surrender will be you.

Because this ain't over...by a long shot.

[Via Leonard Embody]

UPDATE: Workman weighs in.

Forcing the Sheriff to Obey the Law

Remember Leonard Embody?

I know a lot of people have, to put it mildly, disagreements with his methods, but he sure puts himself on the line, and he does things others don't think of--in this case a legal action.  Here's an email where he explains:

NFA weapons are legal within the state of Tennessee. However, to purchase NFA weapons as an individual there is a process one must go through. The weapon must be purchased. The BATFE documents must be filled out. The applicant must be fingerprinted and photographed. Then, the application executed by the local chief law enforcement officer where the applicant resides. The documents are then sent to the ATF with a $200 check and the ATF will usually approve or deny within 2-3 months.

In 2003 Tennessee passed a law public chapter 275 which requires the chief law enforcement officer to execute the nfa documents if a person is not a prohibited person. The law passed with no opposition and is codified as TCA 39-17-1361. The sponsers of the bill were senator Mark Norris and House of rep Ben West. The NRA Darren LaSorte testified infront of the judicial committee as well.

In February this year I bought a suppressor for my handgun. I was fingerprinted and photographed. I delivered the application document to the sheriff of williamson county, jeff long, to execute. He refused. I sent my application to the atf and they denied the application. Under Tennessee law this is a statutory duty and there is no discretion to decide not to execute the document. So, I went to the DA and attorney general. Both refused to force the sheriff to sign as required by law. They also refused to begin the ouster of the sheriff.

I filed a writ of mandamus to force the sheriff to execute the documents last week. This is last option i have to force the sheriff to obey the law.

I think this is an important issue. Does the State have the right to force a sheriff to execute a federal document? It goes right to the heart of the Tenth Amendment. It has everything to do with anti-gun law enforcement who do not follow the law and infringe upon gun rights.

As far as I know Tennessee is the only state which requires cleos to execute nfa documents.

Sen. Norris, Rep. West, the NRA have all been extremely unhelpful. Considering this is their legislation I do not understand why they have not wanted to help.

I have attached a pdf with my pro se complaint, and several documents from attorneys and the atf regarding me and the sheriff.

Here's a follow-up email:

I amend my petition today and also received an answer from the sheriff's attorney today. I attached both. I also attached tca 39-17-1361 and o'neil v lomoy.

The sheriff is a republican. He convinced the county commision to vote against guns in local parks. He is also up for reelection in November, running uncontested. He is a former ADA.

It is amazing the lengths these ant-gun law enforcement will go to to avoid obeying the law. They have notified the attorney general as well. That means they are challenging the constitutionality of this law which requires the sheriff to execute the nfa documents.

As a side note o'neil v lomoy is a federal case where the federal judge stated that the federal gov could not force state officials to sign these documents. In my case it is state law which requires state officials to execute the documents.

I've asked him to post the documents he attached and send me links.  When he does, I'll pass them on.

I've never put much stock in the "he's making us look bad" fear.  As far as I'm concerned, making us look weak is far more problematic.

A Walk in the Park

Recently, Leonard Embody was detained by park rangers after being seen with an AK-47 handgun in Radnor Lake State Park. [More]

Knoxville Gun Rights Examiner Liston Matthews shares his thoughts on this incident.

In the Docket

Leonard Embody's case... [More] 

Here's the cert petition.

Will SCOTUS elect to hear it? I know many on "our side" put the guy down for being provocative, and others are worried that it's not the right case at the right time and will set bad precedent, but really, since when are self-designated Second Amendment activists supposed to side with "Only Ones" taking any of the people hostage at gunpoint for simply bearing arms?

There's something to be said for knowing what limits the courts think can be imposed. You can't push them if you don't know exactly where they are.

GRE Round Up for August 5

Here's the latest from my Gun Rights Examiner colleagues:

Sean McClanahan/Des Moines:

Shelby County considers illegal firearms ban

Following in the footsteps of West Burlington and Hancock County, Shelby County is reported to be considering a ban on firearms in the courthouse and...Keep Reading »

Liston Matthews/Knoxville:

Belle Meade police chief confused about gun laws?

The Knoxville News-Sentinel and the Tennessean reported this week that Leonard Embody has sued the State of...Keep Reading »

Dave Workman/Seattle:

‘Go to the mat against Kagan’

Not that it will matter much in the final analysis, because the Evergreen State’s two liberal Democrat...Keep Reading »

I do hope you realize the importance of sharing these links and show these guys your support by doing so...?

While you're at it, be sure and check out these other Liberty-oriented Examiners:

• Jesse Matthewson/Cochise County Libertarian
  
• Kent McManigal/Albuquerque Libertarian
• Anthony Martin/Conservative

Making Us All Look Bad

I note Leonard Embody has had his "gun permit" revoked by the local "Only Ones."

An anonymous comment left on my previous Gun Rights Examiner post, that "we're all better off now that he's unarmed," makes me question who actually makes us look worse.

Feel free to add to the discussion there.