Remember Leonard Embody?
I know a lot of people have, to put it mildly, disagreements with his methods, but he sure puts himself on the line, and he does things others don't think of--in this case a legal action. Here's an email where he explains:
I've never put much stock in the "he's making us look bad" fear. As far as I'm concerned, making us look weak is far more problematic.
I know a lot of people have, to put it mildly, disagreements with his methods, but he sure puts himself on the line, and he does things others don't think of--in this case a legal action. Here's an email where he explains:
NFA weapons are legal within the state of Tennessee. However, to purchase NFA weapons as an individual there is a process one must go through. The weapon must be purchased. The BATFE documents must be filled out. The applicant must be fingerprinted and photographed. Then, the application executed by the local chief law enforcement officer where the applicant resides. The documents are then sent to the ATF with a $200 check and the ATF will usually approve or deny within 2-3 months.Here's a follow-up email:
In 2003 Tennessee passed a law public chapter 275 which requires the chief law enforcement officer to execute the nfa documents if a person is not a prohibited person. The law passed with no opposition and is codified as TCA 39-17-1361. The sponsers of the bill were senator Mark Norris and House of rep Ben West. The NRA Darren LaSorte testified infront of the judicial committee as well.
In February this year I bought a suppressor for my handgun. I was fingerprinted and photographed. I delivered the application document to the sheriff of williamson county, jeff long, to execute. He refused. I sent my application to the atf and they denied the application. Under Tennessee law this is a statutory duty and there is no discretion to decide not to execute the document. So, I went to the DA and attorney general. Both refused to force the sheriff to sign as required by law. They also refused to begin the ouster of the sheriff.
I filed a writ of mandamus to force the sheriff to execute the documents last week. This is last option i have to force the sheriff to obey the law.
I think this is an important issue. Does the State have the right to force a sheriff to execute a federal document? It goes right to the heart of the Tenth Amendment. It has everything to do with anti-gun law enforcement who do not follow the law and infringe upon gun rights.
As far as I know Tennessee is the only state which requires cleos to execute nfa documents.
Sen. Norris, Rep. West, the NRA have all been extremely unhelpful. Considering this is their legislation I do not understand why they have not wanted to help.
I have attached a pdf with my pro se complaint, and several documents from attorneys and the atf regarding me and the sheriff.
I amend my petition today and also received an answer from the sheriff's attorney today. I attached both. I also attached tca 39-17-1361 and o'neil v lomoy.I've asked him to post the documents he attached and send me links. When he does, I'll pass them on.The sheriff is a republican. He convinced the county commision to vote against guns in local parks. He is also up for reelection in November, running uncontested. He is a former ADA.It is amazing the lengths these ant-gun law enforcement will go to to avoid obeying the law. They have notified the attorney general as well. That means they are challenging the constitutionality of this law which requires the sheriff to execute the nfa documents.As a side note o'neil v lomoy is a federal case where the federal judge stated that the federal gov could not force state officials to sign these documents. In my case it is state law which requires state officials to execute the documents.
I've never put much stock in the "he's making us look bad" fear. As far as I'm concerned, making us look weak is far more problematic.