Embody. Again.

All you need is the headline to know who it is.

Now, according to the article he wasn’t arrested for openly carrying. He was arrested for illegal possession of a suppressor.

“But, wizard! Doesn’t Embody legally own some suppressors?”

Yes, yes he does. But if you read the article closely…

Due to his inability to prove that his weapon was legal and having a firearm silencer attached, Embody was placed into custody.

Tennessee code 39-17-1302 prohibits firearm silencers, devices used to muffle the report of a firearm.

…and you understand that the reporter probably doesn’t understand the intricacies of firearms laws, you’ll likely come to the same conclusion as me.

He was arrested for refusing to produce the tax stamp for his suppressor when asked. It is illegal to own a suppressor in Tennessee…unless you can show you’ve paid the federal tax.

The case will be dismissed when he decides to do that.

This is just another example of him intentionally being an asshole. This time he got the law wrong.

It is my opinion that his goal is to get open carry repealed banned.

36 comments to Embody. Again.

  • [pedantic]

    It is worth noting that the Tennessee legislature cannot repeal open carry, on account of there being no law expressly permitting/allowing it. The closest thing we have is TN Attorney General Opinion 05-154 (*.pdf warning) which states, “Neither Tenn. Code Ann. § 39-17-1351, nor any other statute governing the carrying of firearms, requires the holder of a handgun carry permit to carry the handgun in a concealed manner.” The legislature would have to actively ban open carry, and, honestly, I would be kind of surprised if they could swing that.

    [/pedantic]

    That said, Embody is an idiotic attention whore for whom I would not shed a single tear should he be struck mute and immobile tomorrow.

  • Embody is an ass, but he may actually have a defense.

    What, exactly, was he expected to produce to prove to the non-federal-government officer that he had paid a tax to the federal government?

    I own suppressors as well. The tax stamp is just that, a freaking STAMP affixed to one of the two copies of the form you send to the ATF, with the serial number of the suppressor written by hand in ink across the front of the stamp, and sent back to you. This physical object, a one inch square piece of intricately printed paper with glue on the back, is the only evidence in existence outside of BATFE internal records that you have paid the tax. If you lose it, the BATFE will provide a ‘certified copy’… without an actual stamp on it… when they get around to it. You know it takes 6 months to get the original Form 4 processed these days, right?

    Due to the legally critical nature of that flimsy physical object, no rational person will carry the original with him. That will be locked in a fireproof container or in a bank safety deposit box, right next to your birth certificate, marriage license and DD-214.

    So, what facsimile does the law accept as valid? A photocopy? A scanned PDF of the tax stamp stored in a smartphone, as I have? The TN law says:

    “A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration; ”

    Retain where? On their person? In said safety deposit box? TN law does not say that the person that possesses the silencer has to have the proof of registration on his person. It just says he has to retain it. Federal law does not say they you have to have it on you either, but the BATFE recommends that you have a photocopy with you when transporting it, and you have to produce it for BATFE investigators… but not necessarily on the spot.

    Furthermore… suppose that he did have it on his person. Is the TN officer specifically trained to be able to tell the difference between a fake and the real article? Let me tell you, the majority of the document is something you print out from a BATFE PDF, sign in a couple places and then have them sign in a couple places and stick a STAMP on it. It looks totally dodgy. If you are not intimately familiar with the design and nature of the tax stamp, and if you are not aware of the names and signatures of the dozen or so BATFE NFA inspectors, you would have no reason not to think the real thing wasn’t a fake. There are no other security features in the document besides the stamp. So far as I know, the BATFE does not provide any kind of reference guide or call in number for the cop in the field to be able to authenticate a tax stamp. I know for a fact that their records are not computerized. In this age of photoshop… who couldn’t produce an image that would look like a very convincing photocopy of the real thing?

    • Right. Like I said–once he shows his paperwork, the charges will be dismissed.

      Also, I don’t think the possibility of someone else forging paperwork is a good reason for you not to carry yours with you. I’ve never met anyone who didn’t keep a copy of their NFA paperwork with their NFA item, but then again I’ve never been asked to show it.

      • The form 3 was in the sealed and locked case along with the firearm. The police have been in possession of the form 3 for days…

        • Two questions for you, then:

          1. Was the case locked when you last saw it?
          2. Did you tell them it was in there, and offer to show it to them?

          • The pigs partially opened it up on the side of the street. It took several minutes for two of them to partially open it. They repeatedly asked me for keys, but I pled the fifth. They took me to jail and booked me a couple of hours later. They stripped searched me specifically looking for keys to open the cable lock. Not finding any keys, then they decided it would be best to obtain at warrant to cut the lock to see if it was loaded. They cut the lock at about 9pm that night after getting a warrant. The form 3 was inside. Charges are still good and court is on the 20th of Aug. 9am.

      • The issue of forgery is not the issue… I’m more worried that you’d produce the real thing and the cop would think it was a fake, because it looks like something someone printed out on their home laserjet printer. And the reason it looks like that is it probably was.

        My suppressors actually part of a trust. Suppose I carried a laminated wallet sized card saying the following:

        “I, LAWYER J LAWYERSON, an officer of the court in the state of STATE, certify that TIRNO D BLOGGER is a trustee of the TIRNO TRUST. This trust has properly paid taxes under the 1934 National Firearms Act for all the items listed on the reverse of this card and the documentation is properly retained in a safe location, in accordance with the law. Any questions about this subject may be directed to me at PHO-NEN-UMBR or LJL@LAWYERSONPLC.COM

        … and listing as many make, model and serial number combinations that will fit on the card, and as many more cards as are necessary to cover the collection. Would this not constitute a bone fide attempt to satisfy the concerns of a law enforcement officer? It would actually provide a mechanism for the officer to confirm the validity of the document, which does not apparently exist in law now.

  • Bryan S.

    Technically, you cant repeal open Carry either if there is no law permitting it. It would be like repealing gravity.

    Anywho, is it written into state law that he has to show that he paid a federal tax to an agent of a local gov?

      • No, the law states one must “retain” the paperwork. I have a FFL and pay the SOT. I deal in NFA weapons.

        • The law also says owning a suppressor is illegal in TN. (Blanket Prohibition)

          Unless you’ve paid the tax and retain the paperwork. (Narrow Exception)

          So what’s your mechanism for proving you’ve paid the tax and retained the paperwork other than showing them your retained paperwork that you’ve paid the tax?

          • I don’t carry the silencer openly in public. I carry in a sealed case.

          • You didn’t answer my question.

          • The mechanism is that the local police refer it to the feds for prosecution. The local police may not see the confidential tax paperwork which is why there is no show on demand, it is to be retained.

            Just as the local gov can’t demand to see 1040 they can’t demand to see your completed nfa documents. This is case law.

          • The mechanism is that the local police refer it to the feds for prosecution.

            Why would the local police refer violation of a state law to the feds?

          • Because the local don’t have authority to view those tax forms. This is why the law says the possessor must RETAIN the forms.

          • So what’s your mechanism for proving you’ve paid the tax and retained the paperwork other than showing them your retained paperwork that you’ve paid the tax?

          • The mechanism is refer the charges to the feds. Only the feds know if the tax has been paid because the forms are confidential. There is no requirement to present or show federal documents to the local cops.

          • The feds are not going to have anything to do with your state charges.

          • Read the back of a form 3 and get back to me.

            Form 3 Information

            http://www.atf.gov/files/forms/download/atf-f-5320-3.pdf

            “The information from this application may only be disclosed to Federal authorities for purpose of prosecution for violation of the National Firearms Act.”

          • Well if you’re not going to answer the question, there’s no point in continuing. Try to merely make bad case law this time instead of horrible case law.

          • One of the very few reasons I am not entirely broken up about leaving the Patron State of Perforation is the knowledge that my rights cannot be further legislatively limited based off the idiotic actions of this self-absorbed imbecile. Granted, I am quite sure North Carolina has its own collection of whackjobs, but something tells me they are of a significantly lesser caliber than Embody.

            Of course, once his idiocy receives the greater national attention that is, at this point, inevitable, it may turn out that I spoke too soon. I can only imagine the reaction of our nation’s hoplophobes when they realize nutcases like him have open access to suppressors, full-autos, and other such fun toys. As it should be. But rubbing their face in it does no one any good.

            Oh, and the tax paperwork for my short-barreled shotgun lives in the vertical forward grip attached to it, and that paperwork will be freely and quickly presented to any person with a badge who requests it. Why? Because I am not a narcissistic asshole who seems to enjoy being anally probed at the local lock-up.

  • M Gallo

    In most states you can be arrested even if you do show your tax stamp – it is only for use as an affirmative defense in court, nothing more. The cops don’t have to believe you and your paperwork. Generally a non-issue…

    …unless you are an asshole.

  • “The pigs partially opened it up on the side of the street. It took several minutes for two of them to partially open it.”

    Which would not have happened if you weren’t being a douchebag. I’m not suggesting that you simply comply with the police. I would not have suggested that when I was a police officer. That said, you seem to have forgotten a particular concept (listed below).

    “They repeatedly asked me for keys, but I pled the fifth.”

    You implied that you wouldn’t answer someone on the grounds that you may incriminate yourself. That wouldn’t make anyone suspicious at all. Police or not. Concept is listed below (wait for it).

    “They took me to jail and booked me a couple of hours later. They stripped searched me specifically looking for keys to open the cable lock.”

    They booked you on the basis that they believed you were committing a crime based on your baiting and creating a suspicious circumstance where there need not be one. They didn’t strip search you to locate keys. They strip searched you because you are being entered into an institution that prohibits lethal weapons even to police officers. The holding cell is part of that institution and they are responsible for the safety and wellbeing of you and all others within that institution. Concept is still forthcoming.

    “Not finding any keys, then they decided it would be best to obtain at warrant to cut the lock to see if it was loaded. They cut the lock at about 9pm that night after getting a warrant. The form 3 was inside. Charges are still good and court is on the 20th of Aug. 9am.”

    They obtained the warrant from a judge, and based on your baiting behavior, both now and in the past, you provided what they needed to obtain the warrant, which they did, and verified the information needed. By that time, paperwork has been processed and there are no “take backs” in life. The DA may wish to ask for a dismissal for the case based on evidence located WITHOUT the assistance of the defendant, or the judge may dismiss the case once he sees the circumstances of the case. The point is, usually these things go much more smoothly when the defendant is actually interested in providing proof of their own innocence. Especially when a little courtesy and cooperation, without the desire to bait people to justify a law suit, can go a long way. If I had immediate means to show that I am a law abiding citizen and it would prevent further impact on my life and would not violate my Constitutional Rights, then I will gladly show you proof today to prevent an unnecessary court date later on which isn’t needed. Now for the concept that you seem to have forgotten….

    Just because you can doesn’t always mean you should.

    You can do what you need to do to protect your Constitutional Rights without being a douchebag about it. If you bait someone, they might take the bait. To me, that makes you just as irresponsible as they may be. It makes you just as responsible for the creation of problems as they are. There is one big difference between you and them… They aren’t seeking an opportunity to make money and further place other people’s jobs at risk. They’re doing that well enough on their own without the need for you to try and hurry things along.

    The best way to prevent being perceived as a douchebag is to stop acting like a douchebag and committing random acts of douchebaggery.

    Have a great one,

    Disavowed With Honor.

    • No, I was the only one strip searched that night. The guard told me his sgt. Wanted the keys and that they knew I had them. They specifically searched all of my belongings for the keys.

      There is all kinds of fail in your post

  • I just uploaded the audio of the first detention and news interview.

  • [img]http://www.kwikrnuarms.com/vacuum_form_rifle_cases.htm[/img]

    The case was made from kydex. The kydex covered every part of the firearm and no part of the firearm was visible. A cable lock was placed on the kydex case so that the firearm could not be used. The sling was strapped in two places over the kydex case, preventing the case from being opened. As a final touch I placed tape around the case at six points to ensure cops did not attempt to open it.

  • Having all kinds of experience working in corrections and in law enforcement, I find it very difficult to believe you are the only one who was strip searched. It is common practice to prevent the introduction of contraband into a corrections facility. I am looking for the “all kinds of fail” in my post. I still see douchebaggery and reaching in yours.

  • You were the only one strip searched for about 5 or 6 hours THAT YOU ARE AWARE OF. You, do not have a full working knowledge of corrections, nor do you have a complete working knowledge of the facility you were temporarily housed in during the incident that you created with your baiting and lawsuit seeking ways. Understand something… I agree with your point at times. What I do not agree with is how you go about making your point. You set someone up for failure and then act shocked and dismayed when they fail. You create the circumstance that you complain about. If you set the stage, you don’t really have a reasonable right to act surprised when it actually happens. In short… Again… Act like a douchebag and someone will eventually treat you like a douchebag. You are reaping the douchebaggery in which you have sown.

  • Ummm…. Not the only room they use to search people. You are manipulating the facts to fit your version of the truth. That is a symptom of baiting. That is also the tactic of the liberal, which I (along with many others) believe you to be. For someone who works so hard at getting folks to believe you, you have a penchant for doing more damage to the cause than not. Fortunately, your attempts remain unsuccessful from a legal standpoint. You are trying to burn down the forest in order to catch a small group of bandits. You remain, as it were, a douchebag. I hear you talk about having facts. I have yet to see any of them. You keep using that word…. I do not think it means what you think it means. May I suggest replacing it with the word “perception”? I think it would be entirely more accurate.

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