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-   -   US Circuit Court Ruling in Embody vs Ward (http://www.firearmstalk.com/forums/f97/us-circuit-court-ruling-embody-vs-ward-71458/)

alsaqr 08-30-2012 07:14 PM

US Circuit Court Ruling in Embody vs Ward
 
Anyone remember Leonard Embody, the TN guy who carried the Draco in a public park while dressed in camo? Embody painted the muzzle of the gun orange to keep the cops from shooting him. Back in July The US Sixth Circuit Court of Appeals ruled against Embody.

http://www.ca6.uscourts.gov/opinions.pdf/12a0293p-06.pdf

i liked this statement by the court:

Quote:

Having worked hard to appear suspicious in an armed-and-loaded visit to the park, Embody cannot cry foul after park rangers, to say nothing of passers-by, took the bait.

Dillinger 08-30-2012 07:28 PM

:confused:

God knows I am not the sharpest legal mind of this lot, but I am confused.

So he dresses up like a soldier/militia guy and goes to the park with an AK-47 clone that is 1/2" under the legal limit to qualify as a pistol, strapped across his chest.

He paints the tip orange to avoid being shot, or to make it appear as if he is harmless or perhaps lost from his paintball/airsoft clique'

He brought recording equipment along, presumably to obtain evidence to be used in court once his bait worked and he was confronted about having an assault "rifle" in his possession

And then the Supreme Court said "No, you were an idiot and you get nothing, good day sir."

Does that about sum this up? :confused:

BigByrd47119 08-30-2012 07:45 PM

Quote:

Originally Posted by Dillinger
:confused:

God knows I am not the sharpest legal mind of this lot, but I am confused.

So he dresses up like a soldier/militia guy and goes to the park with an AK-47 clone that is 1/2" under the legal limit to qualify as a pistol, strapped across his chest.

He paints the tip orange to avoid being shot, or to make it appear as if he is harmless or perhaps lost from his paintball/airsoft clique'

He brought recording equipment along, presumably to obtain evidence to be used in court once his bait worked and he was confronted about having an assault "rifle" in his possession

And then the Supreme Court said "No, you were an idiot and you get nothing, good day sir."

Does that about sum this up? :confused:

Sounds about right.

Dillinger 08-30-2012 07:56 PM

Quote:

Originally Posted by BigByrd47119 (Post 921704)
Sounds about right.

So. Yay for the right decision. But how about a big fat legal bill for jackass taking up the court's time that could be better spent on a real case? :mad:

BigByrd47119 08-30-2012 08:00 PM

Quote:

Originally Posted by Dillinger

So. Yay for the right decision. But how about a big fat legal bill for jackass taking up the court's time that could be better spent on a real case? :mad:

No objection here. I have always thought the looser in a legal battle should incur all costs, including the winners, as a part of the punishment/repremend.

Would also cull some frivelous (sp?) law suites...

silverado113 08-30-2012 08:03 PM

That sad part is this guy is a class III dealer! He is in a forum for dealers only and they guy is a nut job. I don't think he got enough attention as a kid. Take a look at his site's terms http://www.kwikrnu.com/terms.htm

Dillinger 08-30-2012 08:05 PM

I don't know about in every case, but in one like this, hell yeah! He deserves to spend the rest of his life paying the costs for this little stunt he set up to try and sue someone.

If Joe Public sues Ford Motors over faulty product "X", and it's a clear case of Ford just throwing more money at the lawsuit to win, I don't think Joe Public should be punished.

But if you set out to sue someone, and the court sees through your ruse, hell yes you should have to pay for wasting everyone's time.

If this half wit Embody would have just stayed home that day 1,000's of hours since the event wouldn't have been wasted. :mad:

Dillinger 08-30-2012 08:06 PM

Quote:

Originally Posted by silverado113 (Post 921722)
That sad part is this guy is a class III dealer! He is in a forum for dealers only and they guy is a nut job. I don't think he got enough attention as a kid. Take a look at his site's terms http://www.kwikrnu.com/terms.htm

Attention comes in a lot of forms. Is it too late for a blanket party?

silverado113 08-30-2012 08:09 PM

Ahh a good old fashioned blanket party. Count me in!

BigByrd47119 08-30-2012 08:10 PM

Quote:

Originally Posted by Dillinger
I don't know about in every case, but in one like this, hell yeah! He deserves to spend the rest of his life paying the costs for this little stunt he set up to try and sue someone.

If Joe Public sues Ford Motors over faulty product "X", and it's a clear case of Ford just throwing more money at the lawsuit to win, I don't think Joe Public should be punished.

But if you set out to sue someone, and the court sees through your ruse, hell yes you should have to pay for wasting everyone's time.

If this half wit Embody would have just stayed home that day 1,000's of hours since the event wouldn't have been wasted. :mad:

If Joe X sues Ford and has a strong case, odds are they will settle before it ever goes that far but it IS a really good point.

I guess if you knew you were right you could presumably throw as much money at the suit as you wanted as well assuming Ford would lose and incur that cost...might not be perfect but what about this...

The looser pays winners cost equal to his own.

If Ford spends 5k on a case (just a number to work with) and you spend 2 but lose, you would only be liable for 2 of the 5k Ford spent?

All I am saying is a justice system isnt just if you end up homeless while proving you didnt rape the neighboor or kill their dog...


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