Leonard S. Embody’s permit will remain suspended by the state Department of Safety unless he reapplies or appeals again, in either case the department would review the matter before making a decision, according to a spokesman for the department.
Embody, 38, was dubbed Radnor Lake Rambo after an episode in December in which he went for a stroll brandishing an AK-47 handgun at Radnor Lake State Park.
Embody said he decided to drop the appeal so that his lawsuit against the state can move forward. That suit claims state law violates his right to bear arms and to due process, and that the handgun carry permit laws are unconstitutionally vague.
It’s just one of a few legal proceedings started by Embody, a part-time nursing student who said he’s representing himself.
On Sept. 20, Embody also filed a writ of mandamus in Williamson County asking a court to order Sheriff Jeff Long to properly sign a National Firearms Act document allowing Embody to legally own a silencer.
Embody claims the sheriff didn’t properly perform his statutory duty when he signed the document only after crossing out a line that stated, “I have no information indicating that the transferee will use the firearm or device described on this application for other than lawful purpose.” His application for the silencer was later denied based on that technicality.
Attorneys for the sheriff countered with a motion to dismiss Embody’s petition claiming that it doesn’t meet the legal threshold for a couple of reasons including not meeting certain technical elements.
Also, according to Lisa Carson of the Franklin law firm Buerger, Moseley & Carson, which represents the county on various matters, a writ of mandamus is only allowed against a public official where a “clear legal right has been violated” by an official not performing a mandatory duty.
Carson’s response on behalf of Long states that the sheriff did meet his statutory requirements and that state law only requires the document to be complete but “does not remove the law enforcement officer’s discretion to decline to make certifications that are not supported by the facts.”
A hearing on the motion to dismiss is set for Oct. 18.
Embody’s suit against Radnor Lake Ranger Steve Ward filed in February is still ongoing and remains in the discovery phase. Embody sued after he was detained for two and a half hours while rangers and officers determined if any laws had been broken.