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Left My Pistol Behind in Public Restroom

18,033 Views | 75 Replies | Last: 6 yr ago by Hamburger Dan
lawless89
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I've heard stories about people doing this and today it happened to me.

I was driving this evening to play in a basketball tournament in Fort Worth and something made me think of my pistol. My stomach dropped because I realized I had left it behind about six hours earlier in a Starbucks bathroom in North Dallas.

Earlier in the day, I had swung through Starbucks to grab some coffee and the Mexican food I ate for lunch didn't sit right with my stomach. I popped in the SB bathroom for a quick push and I use a sticky IWB holster, so when my pants come down, I have to remove my pistol. I remember setting it down on the toilet paper holder and when I stood up, I turned to the left away from the TP and completely forgot that I had set down my gun.

I don't carry my gun every single day, so nothing felt out of place and honestly when I am carrying it, I usually forget it's there. About six hours passed and while driving it hit me. I turned around to go back home to make sure I hadn't just left it at the house in it's usual spot, but I just knew that I had left it behind.

So, I called the SB and I was a little worried about how they would respond to me asking if they found it and I was extremely worried that they wouldn't have found it and it was stolen. I felt/feel like a total idiot for doing something incredibly irresponsible like that, but I know I'm human. I kept thinking about "what if a kid went in there and found it". I keep one in the chamber and it's a grip and trigger safety.

So I asked the manager if they found something "very important" in the restroom earlier in the day and thankfully she said a lady had found it in the restroom and turned it in(thank God). She said they did have to call the Dallas police and they came by and picked it up. She gave me a case number, so I will have to call them tomorrow and go through whatever process they have to retrieve it.

Has this ever happened to anyone? What're the chances when I tell them exactly what it is and show them my CCL that they'll just hand it over? Are they going to give me a ticket? Take away my CCL? Send me to prison?

I absolutely hate that I did this.
bam02
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AG
Dang. Glad it worked out ok. Not gonna pile on as you already realize how terrible that could have gone. Gotta be extremely vigilant against absent minded mistakes when carrying. If I ever remove my gun like that I always place my keys with it just in case.
CactusThomas
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AG
Crazy story but a good reminder for the rest of us.

I gotta know, what kind of pistol was it?
BCO07
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AG
No idea what would happen in this situation. I couldn't imagine the level of "oh, sh*t." Just another reminder for everyone to stay vigilant. Thank you for having the guts to post this.
BenderRodriguez
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AG
Not a lawyer. I don't know the legal implications. If a child had found it and caused harm, you would likely have violated some state or federal laws about leaving a firearm where a child had access.

Glad that didn't happen.

For future reference, if you have to remove a holster to do your business (though I'd probably recommend switching to a holster that you don't have to remove instead if at all possible), put the gun in the crotch of your pants (not the underwear, the pants). Unlike a shelf in the stall, kind of hard to forget you have a gun there.

SECond2noneAgs
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I assume all Starbucks have the proper 30.06/.07 signage as well.
lawless89
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Springfield XDS 9MM

CactusThomas said:

Crazy story but a good reminder for the rest of us.

I gotta know, what kind of pistol was it?
BCO07
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AG
I would definitely know wtf I'd be getting myself into before I ever called and claimed it.
lawless89
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I'm honestly not sure. I'm not the best at checking every door I walk in. Guilty of that one for sure.

SECond2noneAgs said:

I assume all Starbucks have the proper 30.06/.07 signage as well.
lawless89
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Well hopefully someone on here who knows the law here will be able to help me out. It's obviously registered to me, but I would doubt they're going to look me up and contact me?

BCO07 said:

I would definitely know wtf I'd be getting myself into before I ever called and claimed it.
CactusThomas
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I don't think I would try to get it back if it was me. Certainly not without legal advice.
AggieChemist
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AG
This might be the most epic fail ever posted on the OB.


CONGRATS.
BCO07
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How is it registered to you? You're in Texas, right?
CactusThomas
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AG
lawless89 said:

Well hopefully someone on here who knows the law here will be able to help me out. It's obviously registered to me, but I would doubt they're going to look me up and contact me?

BCO07 said:

I would definitely know wtf I'd be getting myself into before I ever called and claimed it.



There's no registration. Just because you passed a background check when you bought it, it's not tied to you in any other way. That pistol could have been sold 10 times by now.
Woods Ag
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Definitely a no firearm establishment. Awesome that no one got hurt. Take that as a win and count that pistol as gone.. not worth finding out the consequences
drummer0415
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AG
Username checks out?
cheeky
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And thanks for making it just a little bit harder for the rest of us to retain our right to carry. You should ground yourself, sternly but not overly harshly. 12 months should suffice. Do it again and you have no business carrying ever again.
dr_boogs
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Woods Ag said:

Definitely a no firearm establishment. Awesome that no one got hurt. Take that as a win and count that pistol as gone.. not worth finding out the consequences


I'm with WoodsAg on this one. Either seek legal advice before reaching out to claim it or replace that xd9 and move on. Think about the cost to replace vs potential legal consequences. Police might run the SN to see if it was reported stolen but that's likely going to be the end of it unless you reach out to claim ownership.
DannyDuberstein
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I wouldn't even mess with advice. You could always be the exception. Chalk it up as a relatively inexpensive mistake in the grand scheme and move on.
skelso
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BCO07 said:

How is it registered to you? You're in Texas, right?


There is no registry in Texas but FFLS are required to keep bound books for the life of the atore, then turn them over to BATF if they close. Should local law enforcement wish to fid the owner, they can initiate a trace via BATF. They start with the namufacturer or importer who divulges what distributor they sold it to. The distributor then divulge what licensee they sold it to, the licensee then divulge what individual they sold it to, and so on down the line. If you are the last in the chain of custody, with no bill of sale proving you sold it or police report proving it was stolen, things can get heated. When I had my retail shop we would get calls for traces every few months. I've been fortunate to not have had to deal with any under my manufacturer's license.

If you are the last in the chain of custody in this case and claim you sold it only to have them find a credit card receipt from said Starbucks and surveillance video showing you going into the restroom, you could have an issue.
lawless89
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And this is why I love the OB. Other than the few perfect keyboard warriors in here who have never made a mistake in their life.

Thanks for the advice guys...I'll chalk this one up as lost.
aggielostinETX
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AG
lawless89 said:

And this is why I love the OB. Other than the few perfect keyboard warriors in here who have never made a mistake in their life.

Thanks for the advice guys...I'll chalk this one up as lost.
and if the cops call, POINT TO A LAWYER, DON'T SPEAK TO THEM.
BrazosDog02
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**** that. If I'm the op I'm getting my ****ing gun back. I'll take my chances.
aggielostinETX
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BrazosDog02 said:

**** that. If I'm the op I'm getting my ****ing gun back. I'll take my chances.
Then your lawyer calls.
rather be fishing
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I don't own a single gun that was purchased from a dealer by me.

Hell, I've never even bought a gun.
rhtexfish
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At a prior company our security guard apparently left her gun and possibly gun belt in the bathroom.
MouthBQ98
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I'd contact a lawyer or organization that specializes in second amendment and gun ownership law and legal matters. It will be worth the cost to possibly recover your property without risking some sort of legal charge or losing your Carry license.
BenderRodriguez
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rhtexfish said:

At a prior company our security guard apparently left her gun and possibly gun belt in the bathroom.

There are literally dozens of stories online of cops leaving guns in restrooms from all over the country.

45-70Ag
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AG
drummer0415 said:

Username checks out?


No *****

I can't imagine what that feels like when you realize you've left that behind.

If I found something like that in the bathroom of Starbucks, I'd keep it.
Chickenhawk
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What I Googled real quick said that carrying past 30.06/30.07 signage is a class c, 200 dollar fine, irrespective of the number of infractions. Is that correct?

I guess if so, I'd claim my firearm, and eat the fine as a lesson.
DannyDuberstein
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GeorgiaAg85 said:

What I Googled real quick said that carrying past 30.06/30.07 signage is a class c, 200 dollar fine, irrespective of the number of infractions. Is that correct?

I guess if so, I'd claim my firearm, and eat the fine as a lesson.


That's the fine for simply carrying it in. Leaving it to be found by God knows who is where an unknown but potentially sizeable risk comes into play. So the question is how badly does one want to save $300-500? I think there are decent odds nothing would happen. But not 100%.
Chickenhawk
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Gotcha.
Burnsey
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Freaking awesome Danny...

"You must have **** for brains." Perfectly played.



CanyonAg77
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Are you guys sure Starbucks is a 30.06?

I know they've "requested" that patrons not bring guns, but I wasn't aware that they posted.

My carry is also a XDs 9mm. I use this holster



The hook slips over my jeans behind my belt and the J-hook comes back up and grabs the bottom of my belt. Only the hook is outside my pants and shirt. I like it because I can't stand an untucked shirt. The only real bathroom problem I have is at a urinal, it's pretty obvious I'm carrying. I try to find one where my right side is behind a partition, or I go in a stall.

And I'm sure I've done some dumb@$$ stuff, but I doubt I'll ever tell you hyenas about them.
SECeded
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Not only am I not claiming that gun, I'm asking staff to delete this thread.

But I would find and keep handy the number of an attorney who could respond to police if they ever contact me. Because if the police ever contact me, I'm dropping a retainer off and telling them to contact the attorney with all their questions. Too many ways this can become something bigger here for my comfort. What possible laws could someone interpret and apply my recklessness mistake? Who knows? I know the gun is secure, and I'm done with it at that point.

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