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Al Norris · December 7, 2011, 02:31 PM

What is the offense of committing an affray?

It is a form of disorderly conduct; it is a breach of the peace; it disturbs the peace of the community, often to the terror of the people.

On or about Dec. 29th, 2010, Leonard Embody, went to a nature conserve (a public park) dressed in camo's and with an openly carried Draco AK-47 handgun, strapped to his chest (a single point sling, as you would a rifle). This handgun, while of an unusual design (meaning: not often seen) also had the barrel tip painted blaze orange, as if it was a toy. Embody had a TN CCW, which allowed him to carry his handgun openly, under TN law.

Embody was subsequently detained by the park officers (and the Metro Police) for about 2,5 hours while "things" were sorted out. He was then released and his firearm was returned. Embody then filed a lawsuit for unlawful detention and violation of his 2A rights.

The trial court found that his 4A claim was unfounded. That he had committed an offense tantamount to disorderly conduct. The court also dismissed his 2A claim on other grounds.

Embody appealed to the 6th Circuit, where the case remains at the present.

Here is the Internet Archive and Docket of the trial court.

Mr. Embody's deposition (a large PDF) where he admits to the action as a way of confronting and antagonizing the authorities. He also admits to painting the barrel tip blaze orange, because he believed the police would think twice about shooting him, if they thought he had only a toy gun.

Monday, the SAF and CalGuns Foundation filed an amicus brief in favor of the the appellee and the lower court.

This brief was designed to control any damage that might result in the Circuit upholding the "other grounds" that the district court used to dismiss the 2A portion of the lawsuit.

What Alan Gura is saying is that when people go out of their way to intentionally confront the police with intentionally disguised firearms, they commit an affray and the Heller terms of "dangerous and unusual weapons" come into play and neither the action nor the firearm is protected by the 2A.

Alan Gura was very careful in defining this "dangerous and unusual" passage, so as not to tie it to any specific type of firearm, but to actions that could cause alarm in ordinary citizens (hence the definition for "affray" at the start of this post).

Embody has joined, posted and been banned by many forums. I could direct you to the relevant threads at CalGuns.net, but we have had our own thread with this individual, here at TFL. To get an idea, see this thread and take particular note of the OP.

December 7, 2011, 02:31 PM	#1
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Yet Another Wrong Headed Lawsuit What is the offense of committing an affray? It is a form of disorderly conduct; it is a breach of the peace; it disturbs the peace of the community, often to the terror of the people. On or about Dec. 29th, 2010, Leonard Embody, went to a nature conserve (a public park) dressed in camo's and with an openly carried Draco AK-47 handgun, strapped to his chest (a single point sling, as you would a rifle). This handgun, while of an unusual design (meaning: not often seen) also had the barrel tip painted blaze orange, as if it was a toy. Embody had a TN CCW, which allowed him to carry his handgun openly, under TN law. Embody was subsequently detained by the park officers (and the Metro Police) for about 2,5 hours while "things" were sorted out. He was then released and his firearm was returned. Embody then filed a lawsuit for unlawful detention and violation of his 2A rights. The trial court found that his 4A claim was unfounded. That he had committed an offense tantamount to disorderly conduct. The court also dismissed his 2A claim on other grounds. Embody appealed to the 6th Circuit, where the case remains at the present. Here is the Internet Archive and Docket of the trial court. Mr. Embody's deposition (a large PDF) where he admits to the action as a way of confronting and antagonizing the authorities. He also admits to painting the barrel tip blaze orange, because he believed the police would think twice about shooting him, if they thought he had only a toy gun. Monday, the SAF and CalGuns Foundation filed an amicus brief in favor of the the appellee and the lower court. This brief was designed to control any damage that might result in the Circuit upholding the "other grounds" that the district court used to dismiss the 2A portion of the lawsuit. What Alan Gura is saying is that when people go out of their way to intentionally confront the police with intentionally disguised firearms, they commit an affray and the Heller terms of "dangerous and unusual weapons" come into play and neither the action nor the firearm is protected by the 2A. Alan Gura was very careful in defining this "dangerous and unusual" passage, so as not to tie it to any specific type of firearm, but to actions that could cause alarm in ordinary citizens (hence the definition for "affray" at the start of this post). Embody has joined, posted and been banned by many forums. I could direct you to the relevant threads at CalGuns.net, but we have had our own thread with this individual, here at TFL. To get an idea, see this thread and take particular note of the OP.