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December 8, 2011, 07:26 AM | #26 | |
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December 8, 2011, 09:24 AM | #27 | ||
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http://forum.pafoa.org/1415181-post-159.html Quote:
Does this also mean if our rights are infringed due to his actions, we can sue him? |
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December 8, 2011, 11:20 AM | #28 | |
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With all the heightened sense of fear/awareness in the public at large, due to school shootings, incidences like the Gifford's mass shooting and terrorists in general; The whole idea that one could walk around in a public place, with an AK-47 pistol strapped to your chest, not alarm people and be scrutinized by the police seems even more ridiculous.
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December 8, 2011, 01:42 PM | #29 | ||
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December 8, 2011, 01:44 PM | #30 | ||
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December 8, 2011, 02:59 PM | #31 |
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As Al mentioned, I borrowed his well-written summary leading up to the SAF & Gura Amicus to CA6 to post on mdshooters.com.
No more than an hour after posting, Mr Embody (kwikrnu) created an account on mdshooters and began is indignent act. Unbelievable is all I can say after the experience. I woke up this morning to find the thread "nuked" and Mr Embody's account nuked as well. The yardstick for his overstaying his welcome is measured in minutes apparently...
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December 8, 2011, 03:14 PM | #32 |
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I noticed last night that the MDShooters thread got nuked. Can't say I'm surprised, but I'm a little sorry the thread's gone. Embody got banned pretty quickly, and that was no surprise.
The reality is that even with the good start we have with Heller and McDonald the courts will be sustaining as constitutional some gun control laws. Gun control will not completely go away, and it is fatuous to believe that there is any real possibility that it will. Our challenge is that how much or how little gun control we are saddled with will depend. It will depend in part on how well we can win the hearts and minds of the fence sitters. It will depend on how well we can acquire and maintain political and economic power and how adroitly we wield it. It will depend on how skillfully we handle post Heller litigation. The process of working out in the courts the permissible scope and extent of permissible regulation of rights described by the Second Amendment is just getting started. The challenge for gun rights advocates is, of course, to minimize the scope and extent of permissible regulation. Ill conceived and ill advised litigation, like the Leonard Embody saga, isn't helping. |
December 8, 2011, 03:39 PM | #33 |
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My concern is with Mr Embody's actions, both those in the past, and the post he has made about his ideas for the future, is when is he going to stop? Is he going to keep going until something negative happens to the 2nd ammendment rights because of his actions, or til he winds up behind bars or worse?
His post from this and other forums leads me to believe that until he is stopped, he willing keep doing more and more, trying to get attention for hisself. His actions have the potential to make everyone interested in firearms as a hobby and sport look very bad. |
December 8, 2011, 03:51 PM | #34 | |
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August 30, 2012, 03:04 PM | #35 |
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Frank had just alerted me, a few minutes ago, that the decision of the 6th Circuit on Embody's case is in. Predictably, he lost.
It is a brief 6 pages and luckily does no damage. The Opinion and an article on it. Thanks, Frank. |
August 30, 2012, 03:15 PM | #36 |
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He also filed a similar suit in Chancery Court in Tennessee, which was dismissed in July.
http://nashvillecitypaper.com/conten...chancery-court Now that I read that article, I remember when he came here and was talking about carrying around a black powder revolver. IIRC he didn't get a particularly warm reception.
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August 30, 2012, 03:50 PM | #37 | |
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However, I think it can also mean acting in a way that makes reasonable people nearby feel threatened with unlawful violence. I think that is what is meant here. If so, there was probably testimony that he did more than just walk around with the weapon as is his right. |
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August 30, 2012, 04:28 PM | #38 | |||
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From the 6th Circuit decision:
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Send lawyers, guns, and money... Armorer-at-Law.com 07FFL/02SOT Last edited by Armorer-at-Law; August 30, 2012 at 04:34 PM. |
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August 30, 2012, 04:31 PM | #39 | |
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August 30, 2012, 06:54 PM | #40 |
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I believe I described affray correctly.
However, the word does not appear in the 6th Circuit opinion. There was probably no need because Embody was not charged with a crime. I think it would be difficult for a state to expressly grant a right for someone to do something and then charge them with a crime because the doing of it scared someone - even if the fear was reasonable. However, the issue was whether the police officer violated Embody's 4th Amendment rights by conducting an unreasonable search and seizure and his 2nd Amendment rights by interfering with his armed walk in the park. The answer was no. |
August 30, 2012, 06:54 PM | #41 | |
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And this decision could also be pertinent to a recent discussion about an officer who stopped a man walking along a sidewalk (videographer in tow) carrying a .22LR clone of ... some kind of "assault" rifle (the details escape me at the moment). The question was asked: did the officer violate the person's rights by stopping him and asking to examine the firearm to determine whether or not it was a fully automatic assault rifle. I was on the fence to a considerable degree, but I ultimately sided with the police officer, and this decision neatly sums up why I did so. If you don't want to hook a shark, don't chum the waters. |
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August 30, 2012, 11:07 PM | #42 | |
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The only real utterance on the matter of the 2nd Amendment is this:
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