Sxth Circuit Court of Appeals decides open carry case
Detention of someone for 2.5 hours who broke no laws is lawful under the 4th Amendment.
The bearing of a handgun in a park is not covered under the 2nd Amendment.
Copy of the opinion issued today:
http://www.kwikrnuarms.com/Embody%20v%20Ward/embody%20v%20ward%20sixth%20circuit%20opinion%208-30-12.pdf
= new reply since forum marked as read
I agree with the court decision. So Mr Embody/kwikrnu... how much does it cost to lose a court case like this?
Quite frankly, I'm not surprised that the police may have been confused that a Draco is a pistol and not a rifle. Sounds to me like all detainment was related to the determination of whether someone was in possession of a prohibited item. The striking similarity to the AK-47 Assult rifle is definitely there - and that's likely the reason why this particular firearm was chosen by kwikrnu for his little "demonstration" rather than a commonly recognizable pistol (to obfuscate and confuse while technically remaining legal).
For those who do not know... this is a Romanian Draco "Pistol":
From the court decision:
In the first, Ranger Joshua Walsh approached Embody, asked for his permit and
questioned him about the gun. Embody produced a valid permit, but Walsh could not
tell whether the firearm qualified as a legal one under state law. “Technically it’s a
handgun,” he told Embody, “but I don’t know why you need it out here,” and “I’m pretty
sure an AK-47 is not a handgun.” R.22-3 at 3. Uncertain how to proceed, Walsh
allowed Embody to continue through the park—for the time being.
Walsh phoned a supervisor, Ranger Steve Ward, for further direction. Ward in
turn called Chief Ranger Shane Petty, who did not believe the AK-47 was a handgun
given the description of it. Petty and Ward determined that Ward should undertake a
“felony take down” of Embody, disarm him and check the weapon. Id. at 9. They called
the Metropolitan Nashville Police Department for assistance.
Ward found Embody in a parking lot and ordered him to the ground at gun point.
Without arresting Embody, Ward removed the gun, patted him for other weapons and
detained him. When the Nashville police officers arrived, Ward explained his concern
that Embody’s weapon was illegal, and the officers conducted a weapons check to
determine the gun’s status. Meanwhile, Embody requested the presence of a police
supervisor, even after the Nashville officers advised him it would delay his release.
Once the officers confirmed that the firearm fit the definition of a handgun under state
law, Ward returned the gun to Embody and released him. The incident lasted about twoand-a-half hours.
...
Embody’s AK-47, carried openly and fully loaded through a state park, gave
Ward ample reason for suspicion that Embody possessed an illegal firearm. The barrel
was a half-inch shy of the legal limit, and, when coupled with the thirty-round
ammunition clip, it reasonably could look more like a rifle than a handgun. All of this
explains the reactions of visitors to the park, who became frightened at the sight of a man
in camouflage carrying an AK-47 across his chest, including one couple who reported
a man with an “assault rifle.” Making matters worse (or at least more
suspicious), 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. On this record, an officer could reasonably suspect
something was amiss.
Guns make America safer according to the gun-relgioinists.
Just ignore the numerous massacres carried out by law-abiding gun nuts.
You must have been sleeping a long, long time, since after all the recent massacres by law-abiding gun-nuts there were lots of LTTE and blog posts by reich-wingers about how if other people had guns, they could've shot the shooter.
