Posted: 8/28/2014 8:59:13 PM EDT
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AP news story today.
Leonard Embody has charges dropped against him once again. In the story it says he is planning on returning to downtown Nashville carrying his rifle handing out 2 nd ammendment literature to fellow pedestrians. No one has flogged this horse in a while. Just thought my fellow middle TN ARFCOMers to watch out he will be back in the news soon! 
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The charge was dropped, because he did have the NFA paperwork with the rifle..
The apparent reason this dragged out so long, is (if I heard correctly) he not only refused to answer questions or show the cops the NFA paperwork (which is why he was arrested), but he put some effort into making the paperwork well concealed in his homemade rifle case. Makes it look like he was trying to set the cops up for a chance to go full Perry Mason on them in the courtroom, walk over to the evidence, rip the case apart, then hand the paperwork to the judge. If the judge had let it go on after the paperwork was admitted as evidence, then any Tennessee resident who owns NFA items would have genuine reason to worry. Toss in the incident of a CLEO form being signed (as required by TN state law), but altered in a way to make it worthless (with a county DA apparently suggesting this was the way to handle it), and I don't see how anybody other than the anti-gun lobby can support his actions. |
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The charge was dropped, because he did have the NFA paperwork with the rifle.. The apparent reason this dragged out so long, is (if I heard correctly) he not only refused to answer questions or show the cops the NFA paperwork (which is why he was arrested), but he put some effort into making the paperwork well concealed in his homemade rifle case..... 1. You do not have to have the NFA paperwork with the firearm, or show it to an officer. That was admitted in the judge's statement. however: 2. At the arraignment hearing a year ago, the police admitted they did see the paperwork before the arrest. and 3. The judge at arraignment hearing refused to even accept the NFA paperwork which Lenny brought to the hearing. (dunno if same judge as this one, though, didn't look it up). However you feel about Kwik, I suspect this could be the payday he's been looking for. Can likely show real damages (loss of job, FFL biz, whatever), plus the larger potential payout of punitive award for civil rights violation. - OS |
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1. You do not have to have the NFA paperwork with the firearm, or show it to an officer. That was admitted in the judge's statement. however: 2. At the arraignment hearing a year ago, the police admitted they did see the paperwork before the arrest. and 3. The judge at arraignment hearing refused to even accept the NFA paperwork which Lenny brought to the hearing. (dunno if same judge as this one, though, didn't look it up). However you feel about Kwik, I suspect this could be the payday he's been looking for. Can likely show real damages (loss of job, FFL biz, whatever), plus the larger potential payout of punitive award for civil rights violation. - OS Quoted:
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The charge was dropped, because he did have the NFA paperwork with the rifle.. The apparent reason this dragged out so long, is (if I heard correctly) he not only refused to answer questions or show the cops the NFA paperwork (which is why he was arrested), but he put some effort into making the paperwork well concealed in his homemade rifle case..... 1. You do not have to have the NFA paperwork with the firearm, or show it to an officer. That was admitted in the judge's statement. however: 2. At the arraignment hearing a year ago, the police admitted they did see the paperwork before the arrest. and 3. The judge at arraignment hearing refused to even accept the NFA paperwork which Lenny brought to the hearing. (dunno if same judge as this one, though, didn't look it up). However you feel about Kwik, I suspect this could be the payday he's been looking for. Can likely show real damages (loss of job, FFL biz, whatever), plus the larger potential payout of punitive award for civil rights violation. - OS There is no written requirement to show the paperwork to the cops, but TN state law says that NFA firearms are illegal in Tennessee. It then goes on to say that having the paperwork is a 'positive defense against prosecution'. This case went exactly as state law is written. He had an illegal (according to state law) item in his possession. He refused to answer the officer's questions, so they charged him with the violation. When it got to court, the paperwork served as his 'positive defense against prosecution', and the charge was dropped. The police and the court followed state law. Anybody else would have shown the cops the paperwork, and the cops would have known that it was a waste of time to take things to the next step, since the judge would drop the charges after seeing the paperwork. He's still got to convince a judge or jury that he is the victim. In a previous lawsuit, the judge stated that if he was trolling that hard, he couldn't cry foul when the police took an interest in the bait. If somebody sues a hammer manufacturer for their injury, and the plaintiff takes the witness stand to state that they hit their head with the hammer to see if it would hurt, then hit their head again because they didn't think the first hit hurt that much, then continued hitting their head with the hammer until they were knocked out... Yeah, I know. Juries have given out some really stupid awards for perceived damages. |
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.... This case went exactly as state law is written. He had an illegal (according to state law) item in his possession. He refused to answer the officer's questions, so they charged him with the violation. When it got to court, the paperwork served as his 'positive defense against prosecution', and the charge was dropped. ... The case first went to court at the arraignment hearing a year ago in August 2013. The Judge, with encouragement from the DA, refused to admit the NFA documents that Kwik had brought. So this was drawn out for over a year, clearly out of pure vindictiveness. The repercussions from that span on The Idiot's pocketbook and other life factors are not insignificant and I'd posit that assuming he gets a decent federal venue, his suit will fly. I don't blame the cops, but I think once the first judge ruled a year ago, the powers that be there entered "the scores can really change" area. - OS |
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The case first went to court at the arraignment hearing a year ago in August 2013. The Judge, with encouragement from the DA, refused to admit the NFA documents that Kwik had brought. So this was drawn out for over a year, clearly out of pure vindictiveness. The repercussions from that span on The Idiot's pocketbook and other life factors are not insignificant and I'd posit that assuming he gets a decent federal venue, his suit will fly. I don't blame the cops, but I think once the first judge ruled a year ago, the powers that be there entered "the scores can really change" area. - OS Quoted:
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.... This case went exactly as state law is written. He had an illegal (according to state law) item in his possession. He refused to answer the officer's questions, so they charged him with the violation. When it got to court, the paperwork served as his 'positive defense against prosecution', and the charge was dropped. ... The case first went to court at the arraignment hearing a year ago in August 2013. The Judge, with encouragement from the DA, refused to admit the NFA documents that Kwik had brought. So this was drawn out for over a year, clearly out of pure vindictiveness. The repercussions from that span on The Idiot's pocketbook and other life factors are not insignificant and I'd posit that assuming he gets a decent federal venue, his suit will fly. I don't blame the cops, but I think once the first judge ruled a year ago, the powers that be there entered "the scores can really change" area. - OS A suit against who? The state court judge? That's laughable. |
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Just a little clarification: I've been saying "arraignment" in referring to the hearing about the NFA docs, but found that it was actually a separate hearing early on to present motion for dismissal, mea culpa. He wasn't actually indicted and arraigned until May of this year, hanging out on the legal clothesline after charge for almost a year before that happened.
- OS |
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A suit against who? The state court judge? That's laughable. Quoted:
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.... This case went exactly as state law is written. He had an illegal (according to state law) item in his possession. He refused to answer the officer's questions, so they charged him with the violation. When it got to court, the paperwork served as his 'positive defense against prosecution', and the charge was dropped. ... The case first went to court at the arraignment hearing a year ago in August 2013. The Judge, with encouragement from the DA, refused to admit the NFA documents that Kwik had brought. So this was drawn out for over a year, clearly out of pure vindictiveness. The repercussions from that span on The Idiot's pocketbook and other life factors are not insignificant and I'd posit that assuming he gets a decent federal venue, his suit will fly. I don't blame the cops, but I think once the first judge ruled a year ago, the powers that be there entered "the scores can really change" area. - OS A suit against who? The state court judge? That's laughable. And possibly DA/prosecutor. We'll see. I imagine the actual suit would just be Embody vs State of TN, but I certainly don't really know. - OS |
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This guy is going to step on his dick big time sooner or later. He's going to do some stupid shit and get shot in the face. The funny thing about it is, no one will care because of his silly bullshit. He reminds me of that kid in school, the nerd with an attitude, that no one liked and got beat up all the time. Leonard, grow up and get a job.
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Apparently, he was pulling the same crap today near my place of employment (of all the days for me to take a vacation day). He didn't get arrested, but Metro PD and other LEO's were watching him closely. Cuts down on the 'man with a gun' calls to 911. If a uniformed officer is visible, people that don't know what is going on will probably assume that the police are getting ready to arrest him (waiting for backup, or something) and not dial 911. |
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With all the publicity he's getting, I can't believe that some scumbag hasn't knocked him upside the head and taken his rifle and suppressor while he's out posing. He's publicly declared himself unarmed... and hey... free suppressed rifle. This and his carry permit has been yanked, his out of state ones are no longer valid and his address is all over the internet. |
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Cuts down on the 'man with a gun' calls to 911. If a uniformed officer is visible, people that don't know what is going on will probably assume that the police are getting ready to arrest him (waiting for backup, or something) and not dial 911. Quoted:
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Apparently, he was pulling the same crap today near my place of employment (of all the days for me to take a vacation day). He didn't get arrested, but Metro PD and other LEO's were watching him closely. Cuts down on the 'man with a gun' calls to 911. If a uniformed officer is visible, people that don't know what is going on will probably assume that the police are getting ready to arrest him (waiting for backup, or something) and not dial 911. Apparently, Metro PD was watching him but not being overly visible during their surveillance. Instead, they were passing the info on to other interested parties. James |
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This and his carry permit has been yanked, his out of state ones are no longer valid and his address is all over the internet. Quoted:
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With all the publicity he's getting, I can't believe that some scumbag hasn't knocked him upside the head and taken his rifle and suppressor while he's out posing. He's publicly declared himself unarmed... and hey... free suppressed rifle. This and his carry permit has been yanked, his out of state ones are no longer valid and his address is all over the internet. No out of state permit is valid in TN after you've lived here 6 months. - OS |
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No out of state permit is valid in TN after you've lived here 6 months. - OS Quoted:
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With all the publicity he's getting, I can't believe that some scumbag hasn't knocked him upside the head and taken his rifle and suppressor while he's out posing. He's publicly declared himself unarmed... and hey... free suppressed rifle. This and his carry permit has been yanked, his out of state ones are no longer valid and his address is all over the internet. No out of state permit is valid in TN after you've lived here 6 months. - OS Hence they're no longer valid. |
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Hence they're no longer valid. Quoted:
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With all the publicity he's getting, I can't believe that some scumbag hasn't knocked him upside the head and taken his rifle and suppressor while he's out posing. He's publicly declared himself unarmed... and hey... free suppressed rifle. This and his carry permit has been yanked, his out of state ones are no longer valid and his address is all over the internet. No out of state permit is valid in TN after you've lived here 6 months. - OS Hence they're no longer valid. No, real point was they were never valid here. - OS |