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
Sent via iReport2.
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.
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.
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.
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.
Controversial gun activist arrested with 'silencer' (Video)
- gun rights
- July 30, 2013
- By: David Codrea
- Subscribe
Leonard Embody, a gun activist whose open carrying and self-representation in the past have produced legal responses as well as no small amount of criticism from some “pro-gun” advocates, was arrested yesterday in Nashville and charged with possession of a prohibited weapon, WKRN News 2 reported this morning.
“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.
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 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:
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.
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.
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
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.
