[VIDEO] RPF member ARRESTED for legally carrying firearm

[Matt Collins]

here is the story of Leonard Embody's recent run-in with the local law enforcement:

http://www.wkrn.com/story/22963087/leonard-embody-arrested





https://www.youtube.com/watch?v=lIPzMFH7To4



https://www.youtube.com/watch?v=QScD986-UZE

[Schifference]

A cops job should be to inform the uninformed concerned citizen's that the person wearing a bullet proof vest & carrying what appears to be a gun case is within his legal rights and there is nothing they can do. The cops could have followed the citizen and monitored his behavior & arrested the individual had he opened his case & broke an established law. Unfortunately the bullet proof vested gun toting citizen will probably not get any sympathy from the judge or the indoctrinated mundane populace.

[presence]

POLICE STATE
There you go boys... one of our own

[Matt Collins]

Video update:



https://www.youtube.com/watch?v=WRVgFQ4P1Sw

[presence]

http://www.tennessean.com/article/20130730/NEWS/307300077/Gun-advocate-charged-carrying-illegal-weapon


A gun-rights firebrand was arrested Monday afternoon after police said he walked through downtown Nashville in body armor, toting what appeared to be a semi-automatic rifle with a silencer.
Leonard Embody, 41, refused to cooperate with police who asked if his weapon was loaded, according to court records. Plastic wrapped around the weapon made it appear as if it was loaded, police said.
Police at the scene could not verify if the weapon was loaded or if the silencer was legally purchased, according to Embody’s arrest warrant. He was charged with unlawful possession of a prohibited weapon.
Embody has a long history of bearing arms in public places, although he hadn’t been charged with a crime until Monday.
He was detained by Belle Meade police in 2010 while walking with a .44-caliber black powder revolver in his hand. He was detained in 2009 while walking in Radnor Lake State Park with an AK-47-style pistol. He also has been stopped in at least three similar incidents.





http://www.wkrn.com/story/22963087/leonard-embody-arrested


Man wanders downtown with AR-15 equipped with silencer

Posted: Jul 30, 2013 5:51 AM EDT Updated: July 30, 2013 05:32 AM CDT

http://WKRN.images.worldnow.com/images/22963087_BG2.jpg (http://WKRN.images.worldnow.com/images/22963087_BG2.jpg) Sent via iReport2.

http://WKRN.images.worldnow.com/images/22963087_BG3.jpg (http://WKRN.images.worldnow.com/images/22963087_BG3.jpg) Leonard Embody spoke with News 2 in 2010.

NASHVILLE, Tenn. - A man who openly carried a gun in the past around places like Radnor Lake and Belle Meade now faces more trouble.
Monday, police received multiple reports around 3:15 p.m. of a man walking around downtown Nashville wearing body armor and carrying a gun.
Officers then found Leonard Embody at the intersection of Charlotte and 5th avenues carrying what appeared to be an AR-15.
The gun was wrapped in a plastic material, which was secured with electrical tape and form fitted enough to show that it was clearly a weapon.
When approached, Embody refused to cooperate with law enforcement and would not say if the gun was loaded.
He continued walking to 3rd Avenue and Deadrick where he was asked again, multiple times, if the weapon was loaded. Embody refused to answer.
The officer then inspected the gun as Embody still would not cooperate.
Upon opening the AR-15 rifle, authorities found that it was not loaded; however, there was a wire lock preventing them from checking the chamber to see if a live round was inside.
Embody's gun also had some type of silencer on it, but he still refused to speak.
Due to his inability to prove that his weapon was legal and having a firearm silencer attached, Embody was taken into custody.
Embody, 41, was charged with possession of a prohibited weapon and booked into the Metro jail.
He has since been released on a $3,000 bond.


http://www.guns.com/2013/07/31/supressed-ar-15-body-armor-and-a-stroll-downtown-tn-gun-activist-gets-detained/


While strolling down the streets of Nashville, Tennessee, with an AR-15 rifle – wrapped in Kydex and secured with electrical tape - Leonard Embody was detained by police. Embody, a controversial gun activist, was handing out Second Amendment leaflets near the Criminal Justice Center when officers stopped him for questioning.
http://www.guns.com/wp-content/uploads/2013/07/ar15-300x246.jpg (http://www.guns.com/wp-content/uploads/2013/07/ar15.jpg)
Embody almost immediately put his hands behind his head and invoked his Fifth Amendment right, refusing to answer any questions without first consulting with a lawyer.
In an attempt to determine if Embody’s locked and cased rifle was loaded or not, officers set about opening it up. As Leonard was relieved of his weapon he continually stated he did not consent to being detained or to having his person or belongings searched.
The officer who initiated contact with Embody continued engaging him in conversation while additional units worked on accessing the rifle. After Embody was patted down he was told, “You can put your hands down now.”

“No, I’m going to leave my hands on my head because I don’t want to get shot,”

Embody replied.
When officers finally opened Leonard’s case several minutes later, they discovered the rifle had an attached suppressor. Officers asked Embody if he could provide proper documentation for his suppressor.
“You guys don’t need my paperwork. What does the law say on that? The law says I must retain it…” Leonard’s defense was cut short as officers handcuffed him.
http://www.guns.com/wp-content/uploads/2013/07/ar152-1024x241.jpg (http://www.guns.com/wp-content/uploads/2013/07/ar152.jpg)
Officers asked again if Embody had paperwork for his suppressor.

“There’s no law that says a silencer has to have paperwork with it. Besides it’s Federal Tax paperwork and you’re not allowed to view that.”

The officers went on to explain to Leonard that if he did not furnish the proper paperwork to them – proving the suppressor was kosher – they had probable cause to believe it was not.


“You guys had no probable cause to believe anything
until you ripped open the case.”

Embody was subsequently arrested and taken to the Criminal Justice Center where he was booked and charged with possession of a suppressor.



http://www.examiner.com/article/controversial-gun-activist-arrested-with-silencer



Controversial gun activist arrested with 'silencer' (Video)




gun rights (http://www.examiner.com/topic/gun-rights)
July 30, 2013
By: David Codrea (http://www.examiner.com/gun-rights-in-national/david-codrea)
Subscribe (http://www.examiner.com/user/23206/1724016/subscribe?render=overlay)

http://cdn2-b.examiner.com/sites/default/files/styles/image_content_width/hash/3d/4c/3d4cb4e09f0c7fd39720f86452c7d39f.jpg?itok=UX0_ZuwE (http://www.examiner.com/video/embody-arrest)








Leonard Embody, a gun activist whose open carrying and self-representation in the past (http://nashvillecitypaper.com/category/story-tags/leonard-embody) have produced legal responses as well as no small amount of criticism from some “pro-gun” advocates, was arrested yesterday in Nashville (http://www.examiner.com/topic/nashville) and charged with possession of a prohibited weapon, WKRN News 2 reported this morning (http://www.wkrn.com/story/22963087/leonard-embody-arrested).


“Embody's gun also had some type of silencer on it,” the report stated, explaining why possessing a wrapped AR-15, not in itself a crime, would result in charges.
Among items that “must be registered in the National Firearm Registration and Transfer Record” are “Silencers and any part designed and intended for fabricating a silencer,” the Bureau of Alcohol, Tobacco, Firearms and Explosives declares on its website question and answer page explaining the National Firearms Act (http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#nfa-firearms).
http://cdn2-b.examiner.com/sites/default/files/styles/imagecrop_large/hash/3c/3c/3c3ccc52c4ea54fb5f621ecb1e57b359.jpg?itok=nbBzKHGt (http://cdn2-b.examiner.com/sites/default/files/styles/large_lightbox/hash/f2/de/f2de7cab6090c3b4b81adfd8cbe331c0.jpg?itok=jVmx0zpd )



Opposing the rules will not deter the government from enforcing them.
Photo credit:
BATFE




“I was arrested yesterday for open carrying a locked, sealed, and cased rifle where no part was visible,” Embody told Gun Rights (http://www.examiner.com/topic/gun-rights) Examiner this morning. “The cops said that since the case appeared to maybe have a rifle in it they were justified in opening it. I was arrested and bonded out at about 5 a.m. today.
“About 2:55 p.m. I walked from the Supreme Court building to the CJC [Criminal Justice Center] and handed out Second Amendment leaflets,” Embody continued. “It was there I was stopped by about 10-15 cops. I was held for around 15 minutes from what I can remember. I refused to answer on Fifth Amendment grounds and refused a search.

“After I was free to go I did an interview with Channel 5 News,” he explained. “I continued to walk and hand out Second Amendment leaflets. I was stopped again on Deaderick St. and cuffed and put in the back of a police car. I was held a couple of hours and then taken to the CJC where I was booked and charged with possession of a silencer.”

Whether or not his possession of the device was compliant with federal mandates was not made clear from his correspondence. If Embody's possession of the device is determined to be unlawful, and if probable cause for the search can be established, he will be


risking federal charges,
with the full weight of the national government
coming down on him.



This column will be updated with that information when it becomes known.
UPDATE Per Leonard Embody, via email:





The Form 3 paperwork
for the silencer
was in the sealed and locked rifle case.






Tenn. law only requires the possessor "retain" the paperwork, not present it to the law enforcement officer upon demand. The NFA documents are federal tax forms.

[presence]

https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcTfnRkYKNXuxdalUQu8cDZAym0tn-s-1y2_z5wvoD-KfvIOvyO4lJFuYaXNHR025kcCazW-awCn
MyHighPlains
(http://www.myhighplains.com/story/texting-leads-to-mule-crash/d/story/3ldEFdPVxEaU2axu5uvKsw)

Gun advocate charged with carrying weapon on downtown street (http://www.foxcarolina.com/story/22963085/gun-advocate-arrested-for-carrying-weapon-on-downtown-street)WHNS Greenville-Jul 30, 2013
Leonard Embody was dressed in body armor and was carrying an assault-style rifle slung around his shoulder. It's the third encounter Embody ...





https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcScr8IfQZuPLD3p7I6p8euhUVYt6H5yD YbiYzICE4rSsJm5A5f8MGAjMu6EiTQehp0b4kzzO3zA
(http://www.opposingviews.com/i/society/guns/tennessee-man-silenced-ar-15-body-armor-arrested-not-answering-police-questions)

Tennessee Man with Silenced AR-15, Body Armor Arrested for Not ... (http://www.opposingviews.com/i/society/guns/tennessee-man-silenced-ar-15-body-armor-arrested-not-answering-police-questions)Opposing Views-Jul 30, 2013
Leonard Embody stirred up some trouble in Nashville, Tenn., by walking around town with a loaded AR-15 while wearing body armor.





Gun Advocate Arrested On Weapons Charge (http://www.newschannel5.com/story/22963548/gun-advocate-arrested-on-weapons-charge)NewsChannel5.com-Jul 30, 2013
Police questioned the man, identified later as 41-year-old Leonard Embody, and said he was uncooperative. An affidavit said he refused to show identification, ...

[Matt Collins]

A cops job should be to inform the uninformed concerned citizen's that the person wearing a bullet proof vest & carrying what appears to be a gun case is within his legal rights and there is nothing they can do. The cops could have followed the citizen and monitored his behavior & arrested the individual had he opened his case & broke an established law. Unfortunately the bullet proof vested gun toting citizen will probably not get any sympathy from the judge or the indoctrinated mundane populace.

That would require that the LEOs know the law, much of the time they don't.

I have sat and talked to Leonard at length before, and I can assure you, he is a brilliant individual who DOES know the law and has read it multiple times, even if his actions appear a bit crass. He is right in the law, I have no doubt, unfortunately he is not a sympathetic character because of how his actions appear to others, even the RTKBA crowd doesn't like him which to me is sad. The state took away his carry permit for no valid reason (he had never been charged with a crime until yesterday), although he still has his FFL.

[Seraphim]

"You're not under arrest but you're not free to go"

Verbatim from the cop.

Are these monkeys seriously that stupid?

[Schifference]

That would require that the LEOs know the law, much of the time they don't.

I have sat and talked to Leonard at length before, and I can assure you, he is a brilliant individual who DOES know the law and has read it multiple times, even if his actions appear a bit crass. He is right in the law, I have no doubt, unfortunately he is not a sympathetic character because of how his actions appear to others, even the RTKBA crowd doesn't like him which to me is sad. The state took away his carry permit for no valid reason (he had never been charged with a crime until yesterday), although he still has his FFL.
I fully support him and understand his position. He did nothing wrong and should not have been arrested. But most mundanes will fail to understand that his constitutional rights were violated.

[presence]

This phenomenon needs a "meme":




Constitutional BDSM
When one risks imprisonment and ritual abuse
with the purpose of catching a cop acting outside of his authority
in violating one's own Natural and Constitutional Rights.

[Brian4Liberty]

That would require that the LEOs know the law, much of the time they don't.

I have sat and talked to Leonard at length before, and I can assure you, he is a brilliant individual who DOES know the law and has read it multiple times, even if his actions appear a bit crass. He is right in the law, I have no doubt, unfortunately he is not a sympathetic character because of how his actions appear to others, even the RTKBA crowd doesn't like him which to me is sad. The state took away his carry permit for no valid reason (he had never been charged with a crime until yesterday), although he still has his FFL.

It doesn't appear that he has actually violated any laws. So he is under arrest for failure to answer questions? Is there a charge that goes with that? Contempt of cop?

Unfortunately, the majority of people with no interest in Constitutional Rights would probably support his arrest for not answering questions...

[jtap]

He is doing more to educate these cops on the gun laws than their "training" ever did. Hopefully a few citizens (like the ones that keep calling the cops on him) are starting to learn a bit also.

[presence]

F a hoodie protest.


How about an empty locked GUN CASE march?

[Matt Collins]

How about an empty locked GUN CASE march?YAL did something similar a few years back, where all of the YAL kids walked around college campuses with empty gun holsters... it sent people into a tizzy, quite a site to behold lolz :D

[Schifference]

How about an empty locked GUN CASE march?
Would not make any difference. People get arrested for toy guns, pop tarts or saying bang. Deaf boy named hunter needs to change his name cause signing his name looks too much like a gun.

[BetterCallSaul]

"MAYBE even a bomb." Hahahahaha

Do you think that the policeman actually believes that, or, do you think that he is as afraid that this guy with the case is some State-appointed training agent testing his readiness?

[Czolgosz]

Why not just answer the questions so he can go free?!?!


-Average American

[Czolgosz]

Oh and, well done Leonard. Love it.

[ZENemy]

https://www.youtube.com/watch?v=EYOKVTaflbM

[seraphson]

Why not just answer the questions so he can go free?!?!


-Average American

I used to think like that some years ago. Hell, if I still had my old YT account (damn you Google+ for screwing that up) you might find some way back comment of myself stating such a remark. But then I grew up.

[devil21]

Im gonna go find one of his posts just to rep it.

He handled it as well as possible and clearly knows his stuff. His arrest appears completely illegal and I hope he sues. Tennessee does not have a stop and identify statute so unless he was doing something that raised suspicion of illegal activity (bearing arms is not illegal) his detention and arrest were unconstitutional.

This is also why these mass shootings are such effective propaganda because now every cop thinks someone with a weapon is about to do a Sandy Hook. That's one of the biggest reasons I think the SH/Aurora type stories may well be faked.

[osan]

How about an empty locked GUN CASE march?

I was thinking just this. Also, he should have been carrying an empty case just to stymie the intellectually challenged little porkers.

His life has gone into the toilet. Someone (RPF??) should organize such a protest in support of this guy. It should be large, loud, and in a mood. If you could get 1000 people to show up with gun cases, the police would shit a pill. They need to be afraid. Of us. All the time.

[osan]

YAL did something similar a few years back, where all of the YAL kids walked around college campuses with empty gun holsters... it sent people into a tizzy, quite a site to behold lolz :D

Whenever I go to NJ or NYC I wear a large orangy-tan leather holster - home for my 686. On 9/11/10 I was in Manhattan to see a friend. I was early, so I walked several miles to burn the time. I ended up at ground zero, millions of cops... I was fully expecting to be arrested but not a peep. Then I got on the subway uptown and as I walked through the cars I passed this Puerto Rican woman. She saw the leather, got BIG eyes and looked like she was simultaneously about to start screaming in wild hysteria and push herself through the side of the car. I just gave her a smile and kept going, somewhat relieved the silly bint kept her tongue behind her teeth.

I go EVERYWHERE with a holster on, empty or otherwise. It is my challenge to anyone to open their yaps about it. If a cop has something to say I will shut his ass down in polite but unequivocal terms. I have come to a point in life where I tolerate nobody's bullshit anymore. I am free. I am sovereign. Don't like? Fuck you. You can shoot my ass dead, but you will never master me.

[Czolgosz]

I used to think like that some years ago. Hell, if I still had my old YT account (damn you Google+ for screwing that up) you might find some way back comment of myself stating such a remark. But then I grew up.

Same here.

[american.swan]

Has he been released? Yes? No? Sue the cops. Is his charges going forward? Similar to Kokesh. Take it to SCOTUS.

[kwikrnu]

I am out on bail. Court is on Aug 20. I have filed several motions with the court. My employer, I am a RN, did not understand and put me on unpaid administrative leave, which sucks, but I will sue for civil rights violations and hopefully I will win and that will cover the damages.

Last civil suit I brought for illegal detention and 2A was lost at the district and coa. I appealed to scotus, but they did not accept the appeal.

My civil lawsuit to declare TN law regarding firearms unconstitutional lost in chancery court and at the coa. It is not waiting to see if the TN Supreme Court will take it.

I have pretty much did all that I can for the cause. It seems as if most Tennesseans really don't care much about the freedom to bear arms or other constitutional protections. they have elected a republican majority in the House, Senate and Governorship and nothing has changed with regards to gun rights. If I lose the lawsuit I will soon file I will move to a state where freedom is accepted and enjoyed.

[Czolgosz]

I am out on bail. Court is on Aug 20. I have filed several motions with the court. My employer, I am a RN, did not understand and put me on unpaid administrative leave, which sucks, but I will sue for civil rights violations and hopefully I will win and that will cover the damages.

Last civil suit I brought for illegal detention and 2A was lost at the district and coa. I appealed to scotus, but they did not accept the appeal.

My civil lawsuit to declare TN law regarding firearms unconstitutional lost in chancery court and at the coa. It is not waiting to see if the TN Supreme Court will take it.

I have pretty much did all that I can for the cause. It seems as if most Tennesseans really don't care much about the freedom to bear arms or other constitutional protections. they have elected a republican majority in the House, Senate and Governorship and nothing has changed with regards to gun rights. If I lose the lawsuit I will soon file I will move to a state where freedom is accepted and enjoyed.


Good luck to you.


Most *Humans* don't care about freedom and are easily oppressed.

[Matt Collins]

I am out on bail. Court is on Aug 20. I have filed several motions with the court. My employer, I am a RN, did not understand and put me on unpaid administrative leave, which sucks, but I will sue for civil rights violations and hopefully I will win and that will cover the damages.

Last civil suit I brought for illegal detention and 2A was lost at the district and coa. I appealed to scotus, but they did not accept the appeal.

My civil lawsuit to declare TN law regarding firearms unconstitutional lost in chancery court and at the coa. It is not waiting to see if the TN Supreme Court will take it.

I have pretty much did all that I can for the cause. It seems as if most Tennesseans really don't care much about the freedom to bear arms or other constitutional protections. they have elected a republican majority in the House, Senate and Governorship and nothing has changed with regards to gun rights. If I lose the lawsuit I will soon file I will move to a state where freedom is accepted and enjoyed.
The problem is that the courts will usually side with the government for natural reasons.

And you'r right that most people don't care about their rights or even understand them, even largely informed voters don't get it for the most part.

Good luck on finding a better state... Wyoming might be your best bet :(

[whippoorwill]

Balls!

[Anti Federalist]

I am out on bail. Court is on Aug 20. I have filed several motions with the court. My employer, I am a RN, did not understand and put me on unpaid administrative leave, which sucks, but I will sue for civil rights violations and hopefully I will win and that will cover the damages.

Last civil suit I brought for illegal detention and 2A was lost at the district and coa. I appealed to scotus, but they did not accept the appeal.

My civil lawsuit to declare TN law regarding firearms unconstitutional lost in chancery court and at the coa. It is not waiting to see if the TN Supreme Court will take it.

I have pretty much did all that I can for the cause. It seems as if most Tennesseans really don't care much about the freedom to bear arms or other constitutional protections. they have elected a republican majority in the House, Senate and Governorship and nothing has changed with regards to gun rights. If I lose the lawsuit I will soon file I will move to a state where freedom is accepted and enjoyed.

We could use you in NH.

PM if I can be of assistance in any way.

[kwikrnu]

We could use you in NH.

PM if I can be of assistance in any way.

I would love to move to NH, but family is a consideration. :(

[Cleaner44]

I would love to move to NH, but family is a consideration. :(

Arizona is pretty respectful of open carry, at least in my experience. I can't explain why people around me keep electing McCain, but there are plenty of liberty lovers here too.

[Super21]

That sucks. Stay strong.

[kwikrnu]

Lost the motion to suppress at the probable cause hearing yesterday.
http://www.youtube.com/watch?v=ft5bOGyjmaE

[eduardo89]

Arizona is pretty respectful of open carry, at least in my experience. I can't explain why people around me keep electing McCain, but there are plenty of liberty lovers here too.

Arizona does not require any permit to carry openly or concealed. As long as you are not a 'prohibited person' it is fine to carry. I've carried in Arizona, and it's funny being stopped by a cop and asked for ID. I wanted to see his reaction to I gave him a Mexican passport and a hunting license from Texas. He was very confused and tried to argue that those were not valid for carrying a firearm. I handed him a copy of federal and state laws showing that a non-immigrant alien can lawfully possess a firearm as long as they are in the country legally, have an Alien Registration Number, and a hunting permit issued by any state.

[presence]

bump

[ClydeCoulter]

Lost the motion to suppress at the probable cause hearing yesterday.
http://www.youtube.com/watch?v=ft5bOGyjmaE

With all due respect (because I support your right, cause and willingness to "put yourself out there"):

What is being demonstrated concerning 2nd Amendment rights? So far, the whole case seems to be about probable cause, statutes, appearances and reactions (fear) and whether agents have the right to question or make assumptions about appearances.

Are you challenging the right to own a silencer and not show proof of license? Because that seems to be the focal point even though probable cause prior was that the weapon could be fired without being removed from the case (if loaded and chambered).

You are coming up against a prejudiced system, so your defense will need to be so tight that a corrupt system cannot find even a perceived crack to force it's desire through.

Notice that they are using fear and appearances and what "could" have happened as their entire argument for the initial contact and warrant. I didn't hear anything about 2nd amendment rights.

edit: ie, they are controlling the conversation, keeping the ball in their court, so to speak.

[newbitech]

what about every body eles's right to feel safe?

[torchbearer]

ak-47 style pistol?
whaz theess?

[devil21]

what about every body eles's right to feel safe?

Is there a right to "feel safe"?

[eduardo89]

Is there a right to "feel safe"?

Yes, it's in the Constitution right after the right not to get offended.

[heavenlyboy34]

Arizona does not require any permit to carry openly or concealed. As long as you are not a 'prohibited person' it is fine to carry. I've carried in Arizona, and it's funny being stopped by a cop and asked for ID. I wanted to see his reaction to I gave him a Mexican passport and a hunting license from Texas. He was very confused and tried to argue that those were not valid for carrying a firearm. I handed him a copy of federal and state laws showing that a non-immigrant alien can lawfully possess a firearm as long as they are in the country legally, have an Alien Registration Number, and a hunting permit issued by any state.
Next time you're in AZ, stop by and visit HB. :D :cool:

[eduardo89]

Next time you're in AZ, stop by and visit HB. :D :cool:

Definitely will :)

[Danke]

Definitely will :)

Careful, his gun is loaded.

[eduardo89]

Careful, his gun is loaded.

He only points that gun at his own face.

[Danke]

He only points that gun at his own face.

http://photo.shockya.com/wp-content/uploads/2011/11/deliverance-remake.jpg

[Aeroneous]

Geeze.. that officer's testimony is just ridiculous. "Could have discharged within 2 seconds." And it took you guys how long to get it open?

This guy must just be paranoid.

EDIT: I admire what you're doing here, but you really needed an experienced litigator during this preliminary hearing. It's obvious you know the law, but I think the amateur level of litigation (by comparison to an experienced lawyer, that is) irritated the judge. Best of luck with your case!

Also, if I were the judge I would have had to instruct the officer to cool his little 'tude. He comes off very juvenile.