pistol bayonet

Looks like he is suing for “Damages”:

As a direct and proximate result of Ward’s unconstutitonal actions, Embody was subjected to arrest in violation of his Fourth Amendment rights and subjected to mental anguish, humiliation and embarrassment, because, the events described in this Complaint were published widely in the Nashville area by the local news media.

If he is so embarrassed, then why does he showboat around on all the forums?

I’ll hold the constitution above personal opinion any day of the week, but if he expects to win a case like this, I bet any lawyer would have told him to keep his mouth shut, and lay low on internet forums.

Here is the Complaint itself:

Case # 3:10-cv-00126 , Middle Tennessee District Court 6th Circuit

« Click to continue…

59 COMMENTS

You have already heard my point of view on the incident HERE and HERE.

Josh from Iowa, who frequently comments on this Blog, has this to say:

In response to the news about the lawsuit filed by the owner of the AK-47 pistol, we may have to agree to disagree. I think this guy got exactly what he was asking for. Notice that I said “asking for.” I believe this guy went out with the intention and the hope of provoking a reaction from the public and a response from the authorities. Let’s not forget he was dressed in camouflage clothing. I imagine dressed in woodland camo with an AK-47 (pistol or not) slung across his body he looked more like an Afghan militia member than the upstanding, law-abiding citizen he will be portraying in court. Worth noting also is that he had painted the end of the barrel blaze orange, seemingly in an attempt to make it look like a harmless toy. At the very least I think that he demonstrated a lack of maturity and showed a sense of irresponsibility that law-abiding gun owners and gun rights activists should be ashamed of. This is not the image of gun owners I want popping into peoples’ minds when they pause to think about the second amendment.

Admittedly, whether or not he was trying to provoke a response from the authorities, and regardless of the fact that in doing so he may not have been acting in the most responsible and civilized way, it seems that nothing he did was illegal. Let’s examine that though. It seems that his weapon is legal by the slimmest of margins. The U.S. Code of Federal Regulations, section 479.11, defines a pistol as:

“A weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).”

It seems to me that it wouldn’t be much of a stretch to argue that his weapon was originally designed as a rifle, not a pistol, and therefore does not meet the requirements to be classified as a pistol. I know this isn’t the case, but I think this weapons classification as a pistol is a bit shaky. I have yet to see one of these things being fired from one hand either; that certainly seems improbable, and certainly not how it was intended to be fired. Its legitimacy as a pistol is, I think, questionable to begin with.

All of that aside, let’s look at why he’s filed a lawsuit. I haven’t seen the actual lawsuit, but according to the story that was linked to, his civil rights were violated by, “detaining him on Dec. 20, 2009 without probable cause and for longer than was necessary to determine he was not committing a crime.” The officer acted in good faith while performing his duties in stopping him to determine whether he was acting within the law or not. As a combat veteran infantryman, I’ve spent enough time in Afghanistan to recognize an AK-47 (or its variants) when I see one. I certainly would not have thought this to be considered a pistol by any means. He had probable cause to detain him, that’s clear. To release him without verifying the legality of a weapon that does not appear to be a pistol would have been irresponsible on the part of authorities. The only real question seems to be whether or not he was detained for an unreasonable amount of time. It seems that will be left for a judge to decide. I’ll say this though, if I were the authorities detaining him, once I determined that it was technically a pistol, he would remain detained while I determined whether or not he violated any laws by painting the end of the barrel orange to make it look like an airsoft toy. I believe that’s illegal in some jurisdictions, and I think rightfully so.

In the end I think (and hope) that this case will be dismissed; nothing awarded to the plaintiff.  I feel no sympathy for his predicament. I do, however, feel sorry for the fact that he must go through life operating with a sub-standard level of maturity, and am regretful that he feels compelled to act out in ways that bring negative attention to the firearm rights he purports to hold so dear.

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What do you guys think?

36 COMMENTS

Some of you might remember my post from back in December on Open Carry Incidents.  I was mainly critical about how a situation in Tennessee’s Radnor Lake State Park was handled, where a man (Leonard Embody) was open carrying a Draco AK-47 pistol.  He was detained because the park ranger thought it was a modified rifle, and not a pistol.

After the way Leonard was treated, he finally decided to sue the park ranger who stopped him.

Good for him,  I hope he wins and gets awarded damages.

Source – NewsChannel5

6 COMMENTS

When it comes to open carry there seems to be two definite groups in the firearm community.

Group A – Open carry unnecessarily draws attention.  You should conceal carry instead if you can.

Group B – If the law says I can open carry, I’m going to do it if I feel like it.

I fall into Group B.

If you are an adult that is afraid of guns, I can’t help you.  You are going to have to figure out on your own that the simple presence of a gun does not mean people are going to die.  The more people that open carry the more obvious this will become.

Gun owners that decide to exercise their rights should not be treated like criminals.

A perfect example is the latest open carry incident in Tennessee:

[youtube]http://www.youtube.com/watch?v=RsJmPyJxk7s[/youtube]

What an absolute disaster of speculation and misinformation.

This is a picture of the actual gun (note the orange airsoft-like tip):

The story according to the Tennessee man involved:

I went to the Tennessee State Radnor Lake State Park this afternoon to take in some nature and get some exercise. I dressed in boots, blue jeans, t-shirt, vest, and an old military issue gore-tex woodland camo jacket. I carried my new Romanian Draco AK pistol loaded with 31 123 grain FMJ ammunition from Walmart. I arrived at approximately 3:30 pm and with the pistol slung on my back I started my walk. It was mostly uneventful. I saw no deer and passed maybe 30 hikers. As I reached the end of the trail I made sure no one was close by and shifted the ak-47 pistol to the front of my body. I reached the end of the trail and turned onto the roadway where I saw the first ranger of the day. He asked me if it was an airsoft and I said no it was an AK-47 type pistol. He looked at me strangely and asked to see my permit. I showed my Tennessee handgun carry permit. He asked where I parked and I told him. He said I could keep walking I kept walking as he called someone. By the time I reached my car the ranger was no where in sight as I walk quickly. However, another ranger vehicle pulled in the parking lot and a ranger jumped out with a shotgun pointed at me and yelled at me to stay still and put the weapon on the ground. After I put the weapon down he told me to move away which I did. He then told me to put my face on the ground and my arms on my head. I complied. I think he had a gun trained on me the whole time, but I couldn’t see. He searched me quickly and put my AK into the truck. This particular ranger has seen me before and has asked to see my TN handgun carry permit. He asked to see the permit again and asked for my driver license. I told him I would not give him my license, but he could see the permit.

Three Nashville metro cop cars showed up pretty quickly. They talked among themselves for about an hour and then a cop pulled out a citation for arrest. It said I was being arrested for 39-17-1311 unlawful possession of a weapon. He asked me to sign and I told him I wanted to speak with his supervisor. He said okay, but that it would take a long time and he just wanted to cite and release me for my convenience (yeah right). I asked what part of 39-17-1311 I violated he said I couldn’t carry a rifle. I told him my firearm was classified as a pistol. It has no stock and never had a stock. I also pointed out that it has an 11.5” barrel with complies with the length of a handgun definition in Tennessee. He said it looks like I had cut the stock off and another said they had never heard of a 7.62×39 handgun. It took about another ½ hour for the sergeant to show up. In the meantime one of the original cops left, another park ranger came and left and two more cops showed up. The sergeant showed and I tried to explain that the firearm was a handgun. I also told him if they were going to arrest me to just take me in front of the magistrate right away. They spent another ½ hour asking me if I had a form 1, that the ATF classifies my pistol as a rifle, and they had never seen an AK pistol before. Finally they told me they had gotten in touch with the manufacturer and the manufacturer said it indeed was a pistol. I highly doubt that, but that is what they told me. They released the handcuffs, and gave me back my magazine, ammo, and pistol. (Source – AR15.com)

This is how I propose situation should have been handled:

  • Police get a frantic call that there is a man with a gun in the park
  • The police operator asks for a few details.. what is he doing, what is he wearing etc.. and it comes out that he is simply walking on the trail and he happens to have on a camouflage jacket
  • Officers are sent to the scene to investigate
  • They show up and see the man with gun.  He is not doing anything threatening, so they just ask to see his carry permit.
  • Officers then ask the man a couple of questions about what he was doing, paying close attention to his demeanor and attitude
  • The man is presumably quite calm and collected, and the officers find out he was simply going for a walk just minding his own business
  • Officers initially are dubious that the AK-47 is an actual legal pistol, so they ask the man about it
  • The man explains that it is a legally manufactured Draco AK-47 pistol with absolutely no modifications to it
  • The officers Google “Draco AK-47 pistol” and verify what the man told them
  • Officers apologize to the man for the inconvenience, and send him on his way
  • A note is made in the police computer, that there is indeed such thing as an AK pistol, and all officers in the department are issued a short memo to avoid future speculation and confusion


Did the man carry the AK pistol that day to try to “push the limits” of the law? Probably, but the law does not specify that rifle caliber handguns are not allowed so why not?

Is painting an orange tip on your AK pistol a dumb idea? Seems kind of pointless, but again I don’t see the problem.  If he had a realistic looking airsoft gun people would have still called the cops and it would have been treated the same way (up until the police took it off him and realized it was airsoft)

Are rifle caliber pistols ridiculous for self defense? Depending on the situation it might be overkill.  Such a powerful round definitely has risk of over penetration which could result in collateral damage, so that’s never good.

Do you think it would be a good idea for the same Tennessee man (or anyone else) to open carry an AK pistol or something similar in the near future? Definitely a good idea, in fact I’d recommend it if open carry is allowed in your state.  The more reported incidents there are like this, people will realize what I mentioned above… the simple presence of a gun does not mean people are going to die.

I have to stress that you should always treat law enforcement with respect.  It is definitely in your best interest, considering they will always have the upper hand.  If you feel they are asking questions that are out of line, then get a lawyer.  Always know your rights.

Buy your own Romanian Draco AK-47 pistol to open carry for $350 – HERE

Link to the AR15.com post by the Tennessee open carry man himself (username: kwikrnu) – HERE

36 COMMENTS

Truly versatile :P

[youtube width=”560″ height=”340″]http://www.youtube.com/watch?v=HnERmSsGqP8[/youtube]

This pistol bayonet has been around for a while, and some of you have maybe not seen it so here’s a couple of pictures:

ka-barPistolBayonet1

ka-barPistolBayonet2

This razor-sharp Ka-Bar blade fits any medium to large pistol with a rail and slides on and off easily with the press of two buttons. The blade handle is constructed from 30% glass-filled nylon for strength and durability. Its blade is sharpened to a fine edge and finished with a black Teflon coating for protection. A LaserLyte original, the Pistol Bayonet is ready for any situation – or just looking cool on your favorite gun.

MSRP is $40 and available at KA-BAR – HERE

The CZ-75 bayonet has been around for longer and it looks like this:

CZpistolBayonet

It was going for $104 on MidwayUSA – HERE – But now appears to be discontinued

2 COMMENTS