In 2009, Embody carried an AK-47 pistol into a state park. For some reason he painted the tip of the pistol orange. He also dressed up in camouflage gear before doing so, becoming known as the Radnor Park Rambo. He sued over being detained in the incident and lost on summary judgment, the court holding that the detention and temporary seizure of the gun was reasonable. Embody v. Ward, No. 3:10cv-00126, 2011 U.S. Dist. LEXIS 79153, 2011 WL 2971055 (M.D. Tenn. July 20, 2011). He then appealed and lost that appeal when the Sixth Circuit affirmed. Embody v. Ward, 695 F.3d 577 (6th Cir. 2012), cert. denied, 133 S. Ct. 770, 184 L. Ed. 499. This was also covered by “The Volokh Conspiracy“, with Embody participating in the comment section (which has over 600 comments). As Volokh noted, it is rare when the Brady anti-gun people and the Second Amendment Foundation are on the same side, and that was against Embody.
Embody has carried a loaded black-powder pistol in his hand (i.e., not in a holster) while in Belle Meade, TN in 2010. Tennessee law preempts local regulation of guns, but grandfathers in existing local gun laws. In Belle Meade, there was a provision of the law that stated “except the army or navy pistol which shall be carried openly in the hand.” Belle Meade Mun. Code § 11-602 (1987), repealed Ord. #2010-7, Sept. 2010. Obviously the city did not like the idea of individuals carrying revolvers around in their hands. This also caused the Belle Meade police to request that the state revoke Embody’s concealed carry permit, alleging that he was a danger to the public. The State Police did revoke his permit and his administrative appeal failed, launching a new lawsuit, this one challenging the constitutionality of the Tennessee firearm statutes. The trial court granted the state a summary judgment, and the appellate court affirmed. Embody v. Cooper, No. M2012-01830-COA-R3-CV, 2013 Tenn. App. LEXIS 343, 2013 WL 2295671 (Tenn. Ct. App. May 22, 2013).
Now the whackjob has gotten arrested. He was walking around downtown Nashville handing out flyers while wearing body armor. Slung on his back, he had a rifle that was in a kydex case, which means that it was form fitted to the rifle and that it was obvious that it could contain a rifle. And Tennessee does not allow a person to openly carry a loaded rifle. So when police officers were called, saw the case, they immediately had reasonable suspicion to check if he was in fact carrying a rifle. So when they opened the case, they found that it had a silencer on the end, which is a felony in Tennessee. There is a defense, but since Embody was not talking to the officers, he couldn’t prove that he had a National Firearms Act license for the silencer. It also was hilarious that Embody was screaming that they needed probable cause to detain and search him, which was not correct. The arrest affidavit is here.