Gunreference1
08-03-2010, 04:38 AM
Man files suit against Tennessee for right to carry a handgun without permit
By Juanita Cousins • THE TENNESSEAN • August 2, 2010
A Williamson County man whose handgun carry permit was suspended after he carried an AK-47 into a state park has filed a lawsuit against Tennessee to declare its law restricting the open carry of guns as void and unconstitutional.
Leonard Embody filed the lawsuit in Williamson County Chancery Court in May, and it was transferred to Davidson County Chancery Court last week.
According to the suit, Embody lawfully carried handguns with permit since 2001 and renewed the permit every four years. It was suspended this year because he presented a “material likelihood risk of harm to the public.”
Embody has never been arrested, charged with a crime or appeared before a judge concerning his handgun carry permit suspension, the suit says.
He made headlines last December when he carried an AK-47 handgun into Radnor Lake State Park and was detained by police for three hours before being released. State legislators passed a law in 2009 that made it legal for permit holders to carry guns in Tennessee parks.
Embody sued the park ranger in February, alleging the officer was unfairly harsh when he saw Embody carrying a large handgun in a park.
The lawsuit says Tennessee’s law that restricts handguns to only residents with a permit violates the Second and Fourteenth Amendments to the U.S. Constitution. It seeks injunctive relief from the state law, that Embody be reinstated as a valid permit holder as well as attorney fees and court costs.
http://www.tennessean.com/article/20100802/NEWS03/100802014/Man+files+suit+against+state+for+right+to+carry+gu n+without+permit+
Steve
By Juanita Cousins • THE TENNESSEAN • August 2, 2010
A Williamson County man whose handgun carry permit was suspended after he carried an AK-47 into a state park has filed a lawsuit against Tennessee to declare its law restricting the open carry of guns as void and unconstitutional.
Leonard Embody filed the lawsuit in Williamson County Chancery Court in May, and it was transferred to Davidson County Chancery Court last week.
According to the suit, Embody lawfully carried handguns with permit since 2001 and renewed the permit every four years. It was suspended this year because he presented a “material likelihood risk of harm to the public.”
Embody has never been arrested, charged with a crime or appeared before a judge concerning his handgun carry permit suspension, the suit says.
He made headlines last December when he carried an AK-47 handgun into Radnor Lake State Park and was detained by police for three hours before being released. State legislators passed a law in 2009 that made it legal for permit holders to carry guns in Tennessee parks.
Embody sued the park ranger in February, alleging the officer was unfairly harsh when he saw Embody carrying a large handgun in a park.
The lawsuit says Tennessee’s law that restricts handguns to only residents with a permit violates the Second and Fourteenth Amendments to the U.S. Constitution. It seeks injunctive relief from the state law, that Embody be reinstated as a valid permit holder as well as attorney fees and court costs.
http://www.tennessean.com/article/20100802/NEWS03/100802014/Man+files+suit+against+state+for+right+to+carry+gu n+without+permit+
Steve