INGOer Denied Carry Lawsuit in TN

[Kirk Freeman]

INGOer denied right to sue under federal civil rights statute for stop involving AK-47 pistol in Tennessee park.

Twist on case: Alan Gura fought against the INGOer.

http://www.ca6.uscourts.gov/opinions.pdf/12a0293p-06.pdf

 

[CathyInBlue]

Bummer. They'll now parlay this into similar a policy of harassment via take-downs of people with ordinary looking pistols and ordinary civilian clothing.

 

[threefiftyfour]

I read the finding. it seems that he was looking for trouble and found it. Not sure why he is upset.

 

[IndianaResident]

Embody had painted the barrel tip of the gun orange, typically an indication
that the gun is a toy. An officer could fairly suspect that Embody had used the paint to
disguise an illegal weapon.

I'd call that a legitimate stop. The officers don't have much to work with but what's in front of them, and a real gun painted with the signature mark of a toy one is a little suspect.

I don't think missions like this help gun rights as much as they call attention to the individual, but I guess I can "appreciate" his attempt.

 

[TaunTaun]

Kirk? we're you being bad again?

 

[Clay]

I think the one thing that would make me think twice about this is a Draco has a 12" barrel. Actually, MINE has somewhere between a 12-1/16" and 12-1/8" barrel.

and is this guy really an INGOer?? Like an active INGOer? Im pretty sure he has been kicked off numerous other websites for some of his posts, at least back when this came out I seem to remember that.

 

[Dwight]

I read the finding. it seems that he was looking for trouble and found it. Not sure why he is upset.

Right on the money. I'm all for exercising our rights. But, when you go looking for trouble and find it, then don't get bent out of shape.

Come on, painting the tip of the barrel orange?

 

[shortyforty]

Ok bottom line is he did nothing wrong, the clothes are not illegal . Painting a fire arm is not illegal . During the first stop before he was detained an officer had the opertunity to find out what type of firearm it was . And with it being a second stop the felony stop was bs. And it does not take 2 and a half hours to get a tape measure an do a google search.

 

[JB357Mag]

Right on the money. I'm all for exercising our rights. But, when you go looking for trouble and find it, then don't get bent out of shape.

Come on, painting the tip of the barrel orange?

tHIS^^^^

jMMY

 

[eldirector]

While I tend to agree with the decision, the tone of that Opinion seemed a tad dismissive. Most I have read seem to use much more neutral language. Maybe that's just their style....

Wearing camo, with a slung AK pistol and a painted orange tip?

 

[downzero]

So it's not a Fourth Amendment violation to stop every car to determine if the driver has a driver's license now? Oh, wait....

 

[Compuvette]

INGOer denied right to sue under federal civil rights statute for stop involving AK-47 pistol in Tennessee park.

Twist on case: Alan Gura fought against the INGOer.

http://www.ca6.uscourts.gov/opinions.pdf/12a0293p-06.pdf

Looks like a CF of fail from all angles there.

 

[yeti rider]

Dude went looking for trouble. Dude found trouble. I can't say i feel bad for him.

 

[RyanV]

Right on the money. I'm all for exercising our rights. But, when you go looking for trouble and find it, then don't get bent out of shape.

Come on, painting the tip of the barrel orange?

^ This. Play stupid games, win stupid prizes.

 

[NIFT]

"Radnor Rambo" as Embody is called

Source: Kwikrnu » LonelyMachines

"Leonard Embody donned a fetching camouflage and GoreTex ensemble and paraded around Radnor Lake Park carrying this:"



Then:
"Yep, this guy's a winner. Far from being alone, he's emblematic of the self-defeating caricature that is overtaking the open carry movement."

 

[badwolf.usmc]

Ok bottom line is he did nothing wrong, the clothes are not illegal . Painting a fire arm is not illegal . During the first stop before he was detained an officer had the opertunity to find out what type of firearm it was . And with it being a second stop the felony stop was bs. And it does not take 2 and a half hours to get a tape measure an do a google search.

It states in the decision that one major reason for the taking so long was that he insisted on having a police supervisor there, even after he was told it would mean that the encounter would take longer.

 

[GodFearinGunTotin]

I missed this one the first time around...

https://www.indianagunowners.com/fo...eek_to_intervene_in_oc_case_to_derail_it.html

 

[Bill of Rights]

So it's not a Fourth Amendment violation to stop every car to determine if the driver has a driver's license now? Oh, wait....

IIRC, there was a SCOTUS ruling specific to this issue ( I think it was Delaware v. Prouse, but not sure.) There has been no such ruling in re: a state-issued permission slip relative to the carry of a firearm.

Blessings,
Bill

 

[downzero]

IIRC, there was a SCOTUS ruling specific to this issue ( I think it was Delaware v. Prouse, but not sure.) There has been no such ruling in re: a state-issued permission slip relative to the carry of a firearm.

Blessings,
Bill

I'm aware of that.

It doesn't make stopping him any more reasonable. Stopping every car to see if the driver is licensed is unreasonable. Stopping everyone with a gun to see if they have a license is basically a perfect analogy, because it requires the same presumption--that if someone is doing something that requires a license, that unless and until that fact is verified, that they do not have the license and thus it is "reasonable" to stop them and determine if they do.

My view is that it is not a reasonable presumption to assume that everyone who is carrying a gun is unlicensed in a shall issue state where any law abiding citizen can get a license.

 

[stephen87]

They didn't initially stop him to check his license. They initially stopped him to determine if the AK was a rifle or a handgun. According to the TN government website, handguns are legal, however rifles are illegal unless unloaded and cased.

Tennessee State Parks: Policies