State wins case involving firearm seized in park

Friday, July 20, 2012, Vol. 36, No. 29

NASHVILLE (AP) - A judge has upheld a state statute that restricts the possession of firearms in a case involving a Williamson County man who carried a pistol at a state park.

Chancellor Russell T. Perkins on Monday ruled against Leonard S. Embody of Brentwood, whose loaded AK-47 pistol was seized by a park ranger at Nashville's Radnor Lake State Park in 2009. The ranger, Steve Ward, said Embody posed a threat to others by carrying the pistol across his chest while walking around the park.

Embody earlier lost rulings in federal court on the same issue.

After his arrest, the state in 2010 took away his permit to carry a firearm. Embody had claimed he had a permit for the weapon, which was a legal handgun.

Perkins ruled that Embody's argument that the statute is overbroad is without merit. The judge also said Embody failed to show that his right to due process was infringed.

Embody did not return a phone call from The Associ ated Press on Wednesday seeking comment on the decision.

State Attorney General Robert E. Cooper said in a statement he was gratified that the court "upheld the constitutionality of reasonable laws regarding firearms outside of the home in the interests of public safety and crime prevention."

Embody has also been stopped by police at least three other times in similar incidents. In 2010 police in the Nashville suburb of Belle Meade detained him after he walked down a street with a .44-caliber black powder revolver in his hand.

Gun rights activists have criticized Embody, saying his provocative style hurts their cause.

The statute outlaws "the carrying of firearms for the purpose of going armed." There are exceptions for those with permits, hunters, farmers to protect livestock from predatory animals and other cases.