Court rules against man who claims state gun carry laws are unconstitutional

Friday, May 24, 2013 at 12:56pm

The Tennessee Appeals Court has ruled against a man who claimed state law regulating the carrying of firearms was unconstitutional.

Leonard Embody filed suit in 2010 after state officials took away his carry permit, finding a "material likelihood of risk of harm to the public."

The revocation came after Embody was detained by Belle Meade police in 2010 while walking with a .44 caliber black powder revolver in his hand. He was detained in 2009 while walking in Radnor Lake State Park with an AK-47-style pistol. There have been at least three similar incidents, although Embody was never charged with a crime.

Embody claimed in court the Second Amendment gave him a right to carry firearms.

The Appeals Court disagreed, ruling that the right to bear arms is not unrestricted. Click here to view the court's ruling.

Asked about the decision and what he plans to do next, Embody replied, "I don't have a plan set in stone. I may let the decision stand. In doing so, it means that it is affirmed that the bearing of loaded arms, openly or concealed, is illegal without a handgun carry permit or while hunting."

Embody added, "I have considered moving out of state and returning to TN on a weekly basis to 'bear arms.' As you know I have several handgun carry permits from different states and TN law says if I am not employed in the state, nor a resident I may carry in TN under one of those permits."

 

(The City Paper staff contributed to this report)

 

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