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Old August 30, 2012, 04:13 PM   #97
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,749
Originally Posted by jimbob86
You want proof that people seeing guns on people's hips routinely makes it normal?

And you want proof that it doesn't....California.

Originally Posted by zukiphile
...In the cited case, the defendant provided RS...
No, the defendant didn't provide reasonable suspicion. Embody, the guy with the gun, wasn't the defendant. He was the plaintiff. Perhaps you didn't fully read the opinion or you don't understand the case.

In any case, your characterization is a little overly simplistic. It would be more accurate to say that Embody's conduct, engaged in to provoke a confrontation, was of a nature and sufficient to give rise to a reasonable suspicion.

As the court noted, Embody at pg 2:
...Embody anticipated his appearance at the park would attract attention—he carried an audio-recording device with him—and it did. One passer-by spontaneously held up his hands when he encountered Embody. Two park visitors reported to a park ranger that they were “very concerned” about Embody and the AK-47. R.22-3 at 5. And an elderly couple reported to a ranger that a man was in the park with an “assault rifle.” Id. at 6.

Two more predictable things happened. A park ranger disarmed and detained Embody to determine whether the AK-47 was a legitimate pistol under Tennessee law, releasing him only after determining it was....
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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