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Old December 7, 2011, 10:14 PM   #17
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
A quick synopsis might help:
  1. Leonard Embody was temporarily detained in Radnor Lake State Park in Tennessee wearing camo clothing and carrying a Draco AK-47 handgun on a sling on his chest. The gun's muzzle was painted orange and resembled a toy gun.

  2. Park Rangers had received several concerned inquiries from members of the public prompting the detention. During the course of that temporary detention, the police verified that the gun was legal and that it was legal for Embody to be carrying it. Embody was released at that point and left free to go about his business.

  3. Embody was neither arrested or charged with anything.

  4. Embody then sued the Park Ranger who had detained him.

  5. The defendant Park Ranger moved for summary judgment, and the Unites States District Court for the Middle District of Tennessee, granted that motion ending Embody's suit (Embody v. Ward, No. 3:10cv-00126, Unites States District Court for the Middle District of Tennessee, Nashville Division, 20 July 2011). The court found that the temporary detention was reasonable given Embody's conduct.

  6. Embody has appealed to the Sixth Circuit.

Our concern is that the District Court in granting the defendant's motion for summary judgment stated that (Embody v. Ward, No. 3:10cv-00126, 20 July 2011, at pg 11):
Quote:
...Given that Plaintiff was in personal possession of a loaded weapon in a public park, the Court concludes that the temporary seizure of Plaintiff's weapon did not violate the Second Amendment...
It would not be in our interests for that to stand.

But given the record in this case, especially Embody's own statements in his deposition, defending his antics is a lost cause. So the challenge here is to distinguish the carrying of arms for self defense from Embody's provocative and clownish behavior.
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