Controversial gun activist arrested with 'silencer'

[Forever_frost]

Legal is legal, so it should not matter.

Yep, just because you make it difficult on law enforcement while following the law, that doesn't mean they can arrest you for giggles. If he had the papers, they should have immediately released him, apologized and wished him a pleasant evening.

[LANTIRN]

oh ok, definitely sounds like one of "those guys" that tend to push the envelope too far just because they can.

Legal is legal, so it should not matter.

[GeorgeG.]

oh ok, definitely sounds like one of "those guys" that tend to push the envelope too far just because they can.

[David]

so, he got in trouble for possessing a silencer? And he had the correct forms with him but never sent them off? Would that still be breaking the law?

He's a FFL. So a form 3 is a non tax paid registration form for dealers/manufacturers to transfer items amongst themselves or to posses items until transferred to an individual on a form 4.

He was arrested for possessing the silencer though while legal for him to possess, he wanted to be an idiot and use the "it's a tax form and I don't have to show it to cops" method and got what he deserved.

In TN and the same as Texas it's illegal to possess any NFA item, but its a defense to prosecution if the item is registered under the NFA. If someone wants to play an idiot, like this guy does all the time, and you choose to not provide legal proof of possession then you can use your defense of prosecution in court.

[Chili]

so, he got in trouble for possessing a silencer? And he had the correct forms with him but never sent them off? Would that still be breaking the law?

I think what the story is saying is that he did legally own it, but did not present the documentation to law enforcement to validate that, since TN only requires that he "retain" it, not "present" it. Guy sounds to me like those people who cause all kinds of issues at border checkpoints (the ones x miles inland, not right on the border). They are trying to make a point and hope they get arrested so they can use that to rant about.

[GeorgeG.]

so, he got in trouble for possessing a silencer? And he had the correct forms with him but never sent them off? Would that still be breaking the law?

[LANTIRN]

The NRA does not care about NFA people.

Yeah I didn't even think about that when I posted that response. I don't follow much of what they do/don't do since they are pro gun control most of the time. I should have caught that mistake myself.

[David]

I'm seeing an issue for the GOA to drag the NRA screaming into.

For what?

[Forever_frost]

I'm seeing an issue for the GOA to drag the NRA screaming into.

[David]

Sounds like he needs to sue the fuck out of them. The NRA is probably going to have a field day with this.

If its like Texas, you could be arrested for any NFA stuff. Be a dick to a cop, he'll let you settle it in court.

[Moose242]

The NRA is probably going to have a field day with this.

The NRA does not care about NFA people.

[YALE]

Just a gut feeling but I think they will more likely try to distance themselves from him.

They don't like NFA issues to be front and center.

[Chili]

Sounds like he needs to sue the fuck out of them. The NRA is probably going to have a field day with this.

Just a gut feeling but I think they will more likely try to distance themselves from him.

[LANTIRN]

Sounds like he needs to sue the fuck out of them. The NRA is probably going to have a field day with this.

[cyclonescott]

Leonard Embody, a gun activist whose open carrying and self-representation in the past have produced legal responses as well as no small amount of criticism from some “pro-gun” advocates, was arrested yesterday in Nashville and charged with possession of a prohibited weapon

“Embody's gun also had some type of silencer on it,” the report stated, explaining why possessing a wrapped AR-15, not in itself a crime, would result in charges.

Among items that “must be registered in the National Firearm Registration and Transfer Record” are “Silencers and any part designed and intended for fabricating a silencer,” the Bureau of Alcohol, Tobacco, Firearms and Explosives declares on its website question and answer page explaining the National Firearms Act

“I was arrested yesterday for open carrying a locked, sealed, and cased rifle where no part was visible,” Embody told Gun Rights Examiner this morning. “The cops said that since the case appeared to maybe have a rifle in it they were justified in opening it. I was arrested and bonded out at about 5 a.m. today.

“About 2:55 p.m. I walked from the Supreme Court building to the CJC [Criminal Justice Center] and handed out Second Amendment leaflets,” Embody continued. “It was there I was stopped by about 10-15 cops. I was held for around 15 minutes from what I can remember. I refused to answer on Fifth Amendment grounds and refused a search.

“After I was free to go I did an interview with Channel 5 News,” he explained. “I continued to walk and hand out Second Amendment leaflets. I was stopped again on Deaderick St. and cuffed and put in the back of a police car. I was held a couple of hours and then taken to the CJC where I was booked and charged with possession of a silencer.”

Whether or not his possession of the device was compliant with federal mandates was not made clear from his correspondence. If Embody's possession of the device is determined to be unlawful, and if probable cause for the search can be established, he will be risking federal charges, with the full weight of the national government coming down on him. This column will be updated with that information when it becomes known.

UPDATE Per Leonard Embody, via email:

The Form 3 paperwork for the silencer was in the sealed and locked rifle case. Tenn. law only requires the possessor "retain" the paperwork, not present it to the law enforcement officer upon demand. The NFA documents are federal tax forms.

http://www.examiner.com/article/controversial-gun-activist-arrested-with-silencer