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Left My Pistol Behind in Public Restroom

18,269 Views | 75 Replies | Last: 6 yr ago by Hamburger Dan
Tx-Ag2010
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Not sure I would have posted about this prior to speaking with a lawyer... That being said I've made my fair share of mistakes in life, but thankfully forgetting my gun in a restroom wasn't one of them.
lawless89
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Yeah I'm not sure that Starbucks is 30.06. When I googled it, the CEO has gone on record asking people not to bring their guns in, but that doesn't mean anything. I'm sure not all SB would be the same based on landlord requirements, etc. I'll drive by tomorrow or Wednesday and see if they've got the proper signage.

Like I said, more than likely I'm going to let this one go. If they happen to call, I'll tell them I'm not available to talk at the moment and then seek some legal help.

I seriously doubt the Dallas PD is going to come out hunting for me over a lost firearm that was turned in. I'm sure they'll just lock the gun away for a few years and then do whatever it is they do with them.
cheeky
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CanyonAg77 said:

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.
Only the hook is outside, yet your shirt is tucked in? Makes no sense...

The gun must be outside your shirt, or you're not exactly quick on the draw?
CanyonAg77
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Stagecoach said:

CanyonAg77 said:

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.
Only the hook is outside, yet your shirt is tucked in? Makes no sense...

The gun must be outside your shirt, or you're not exactly quick on the draw?
I probably described it poorly. Looking at the above photo:

The weapon, and everything leather is inside my pants (fify proteceted) The plastic hook only attaches to the leather by that bolt at the bottom of the black plastic hook. The black plastic makes a 180 curve at the top, drops down about 2 inches, and does another 180 back up to make that little 1/4 inch lip.

So the top 2 inches hook on the jeans, the belt goes on the outside of the 2 inches, and the lip in the middle of the photo curls back up and hooks the bottom of the belt.

The shirt goes behind the black plastic hook. The top of thejeans are at the level of the top of the black plastic.
BenderRodriguez
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Stagecoach said:


Only the hook is outside, yet your shirt is tucked in? Makes no sense...

The gun must be outside your shirt, or you're not exactly quick on the draw?

It's a very common holster set up.

Maybe this picture will help.

cheeky
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Get it, so most of the handgun is exposed outside of the shirt and above the belt. Wouldn't consider that "concealed" if so. Just an observation. I was confused by the description.
bigfoot10s
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Had the same freak out moment myself yesterday in SA. My holster is a JM4 QCC with the magnets. Put it on the stall wall while pissing and thought I'd forgotten it too later. I was luckier than you.

Hope you're able to get it back without issue tomorrow
meggy09
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Stagecoach said:

Get it, so most of the handgun is exposed outside of the shirt and above the belt. Wouldn't consider that "concealed" if so. Just an observation. I was confused by the description.


You're still confused.
BenderRodriguez
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Stagecoach said:

Get it, so most of the handgun is exposed outside of the shirt and above the belt. Wouldn't consider that "concealed" if so. Just an observation. I was confused by the description.

No...the only thing showing is the clip on the belt, and that barely shows.

The semi transparent photoshop of the gun and holster is supposed to represent what is UNDER the clothing.

Stasco
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Stagecoach said:

Get it, so most of the handgun is exposed outside of the shirt and above the belt. Wouldn't consider that "concealed" if so. Just an observation. I was confused by the description.

Dude, his gun is under his shirt. Pull up the shirt, draw the gun. It ain't rocket science.
redass1876
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lawless89 said:

Like I said...perfect keyboard warrior. Thanks for being a jackass.

MookieBlaylock said:

Thanks for being an idiot

You might want to reconsider carrying



Look man, I am sure we all feel for you, I know that I do. But actions like this, in the current political climate, can potentially affect us all and our constitutional rights. If you are truly absent minded enough to forget your gun, in a public restroom, for 6 hours, you probably should not carry
Woods Ag
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Whether SBs is 30.06 or not, I'd be more concerned with whether they can charge me with something like this and what the penalty would be:


See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Under Texas law, if a child under 17 years of age gains access to a readily dischargeable firearm (i.e., loaded with ammunition, whether or not a round is in the chamber), a person is criminally liable if he or she, "with criminal negligence:"

Failed to secure the firearm (i.e., to take steps a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means);

or

Left the firearm in a place to which the person knew or should have known the child would gain access.

As suggested before, seek out an attorney with experience in this area if you're planning on claiming.
Todd 02
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lawless89 said:

I seriously doubt the Dallas PD is going to come out hunting for me over a lost firearm that was turned in. I'm sure they'll just lock the gun away for a few years and then do whatever it is they do with them.


They might not have to hunt for you. If the Starbucks in question is particularly anti-gun, chances are good they wrote down your number from the caller ID and called the officer that opened the case to let him know the potential owner made contact with the store to retrieve the gun.

As someone eluded to, remember that they'll treat this gun as bad and belonging to a criminal instead of an average Joe. I'm sure they'll perform some sort of an investigation. In the event that Starbucks doesn't call, the police might call back in a few days on a follow up to ask if anyone called to claim it. They'd likely hand over your number then.

I'd seek out an attorney and get a holster with a clip, provided that you'll be able to keep your LTC.
chiken
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I'm glad you posted this. I don't carry very often (due to work restrictions) but this is a YUGE reminder of what might happen with even the slightest lackadaisical attitude I might have.

I hope it all turns out well for you, OP.
P.U.T.U
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I'm not trying to play Monday morning quarterback but you don't know if the establishment was 30.06 and you left your gun for 6 hours before realizing you left it in a public establishment. If you took your phone out of your pocket (I mean wat else do we do when dropping a duece) and remembered to put that back in I would question if you are responsible to carry at this time. You may later but I would be doing some thinking.

I don't get it but I'm not in your shoes or know what is going on in your life.
Caliber
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I'd go ahead and be proactive on this one. Get a burner phone, withdraw all your savings and disappear off into the sunset (I really recommend the sunrise though, then you have all day to do things instead of it getting dark so quickly).

Seriously though, I couldn't let this hang out there, I'd be stressing the hell out waiting for the police to do something. I think I would get ahead of this, contact a lawyer and have them contact the police to find out what the deal is. That will be fairly cheap insurance to figure out what the consequences are and to be able to stay ahead of them as much as possible.


This is also an argument to either carry all the time or not at all. I could see this happening much easier when you're not in the routine of carrying. Carrying all the time makes it more like you keys, cell phone and wallet. Routines really help out. The earlier advice about placing in your pants is also good, I would never set my phone on the toilet paper holder and I wouldn't suggest putting your gun there either.

This is no reason to put down sticky holsters either. They absolutely have their place, but they should just be one holster in the arsenal.
TX AG 88
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I'd like to hear the final resolution on this, despite the negativity that has been directed at the OP.
txyaloo
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I do a quick 4pt check anytime I have to use a public restroom or dressing room.

Phone, keys, wallet, gun. Takes 1 second to verify all of the bulges are in the right places. If I'm not carrying for some reason, I do a 3pt check. If you make it a habit, you may feel like Rainman, but it really helps reassure you haven't forgotten anything important.
AggieChemist
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I'm like 75% sympathetic/25% judgemental on this one. If I were OP I'd be losing sleep over this one for sure.

As screw ups go, though, this was a big one. If, god forbid, the worst had happened in this situation, I would 100% support throwing the OP in jail.

And for OP to come back and be all self-righteous about it when others point fingers, well, that's just a bad look.
Aggie_3
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Starbucks aren't all 30.06 the one next to my office isn't and I open carry in it.

I had something similar happened to me last year it's literally go pick up the gun they're going to give you talking to other than that you're good to go it's not a ticket it's not fine you're not going to jail quit being paranoid. You'll feel like a dumbass for a while but I guarantee you won't do it again I know I sure as hell haven't
BrazosDog02
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Im still in the camp thinking there is a lot of tin foil **** going on in this thread. It's a simple f-ing mistake. Barney Fife isn't in the mood or business of ruining your life because you made a mistake. The Police have their entire days and lives filled with people who make mistakes, and I can bet that someone like the OP is not going to be someone they just want to up and make an example of. Do people really run around life worrying about which boogey man is out to get them today? Geez. You think they want to ruin the life of someone with no record who follows the rules (minus this once) instead of the guy thats been in and out of jail since he was 16 and has a sheet 12 pages long?

The OP ****ed up. He left his gun. They retrieved it. The Police have it. I would still call, take my lumps, give a statement....jesus christ some of you animals act like he left a stolen weapon responsible for killing someone in a bathroom.

The officers I know are going to release the damn thing and close the case and get it off their plates. You can't even get the cops to find a stolen purse with a gun in it, and you think they are going to waste time on paperwork for **** like this? Hell, the local PD had ALL of their guns stolen and it took them months to track it down...and we are worried about an honest (albeit careless) mistake?

We can sit and play 'what if this and that happened' ALL DAY LONG. But it didnt. It did not happen.

I am NOT suggesting that the OP should go get his gun. I am suggesting that if it were me, I would go get my gun because that's how I feel about this.

My goodness.
TheEyeGuy
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OK, story time. Another "Eyeguy Tale from the Gun Store". So far, this is the most jacked up sale that I've had. Keep in mind, I'm posting this because I think you should be proactive on it and also to give you some timelines on how long this might take to filter through. Your life, your call but I'd go ahead and talk to a lawyer on it. For something like this, it probably won't be too expensive.

Early July... we have the break in. One guy gets caught quickly and is in custody. The two days later, I roll up to the store in the morning to find Sean on his phone in front of the store, which is odd. If he were to be just screwing around on the clock, it would have been inside so I knew something was up. I walk up and low and behold, there is a gun in a box that was left in front of the barbershop. Sean is on the phone with HPD and they are sending an officer out.

To be honest, I figured that it was one of the firearms that was stolen from us and that the guy had his babymomma, brother, cuz, etc drop it off as a peace offering because I already told the DA to hammer this a-hole hard when it came to sentencing. Once HPD shows up, he gets the serial on it and I check it. The serial isn't one of our stolen guns, but from another gun that I had sold a bit earlier.

Where did it come from? Well, back in May, I had a customer come in and buy a Glock as a gift for his cousin. He got delayed and then a proceed came back on it. Cool, customer comes to pick up the Glock and that's the last I think I'll hear about this one. A month later, I get a call from the FBI changing the proceed to a denial. Completely throws me for a loop. Of course, I already transferred the gun over so I have to turn over customer's info to the ATF so that can figure out what to do with it.

Oddly enough, the customer is only temporarily denied from having a gun and would be able to do so in a few months. ATF agent is pretty cool about it and asks if we're cool with holding the firearm until the customer's issue clears. Without getting into the details of it, I am cool with it because the customer seemed pretty cool and ATF is actually 100% on board with letting the guy have the gun, it's just a weird situation for him specifically. That's the last I hear about it until that day.

Now the fun really begins. Customer that purchased the gun calls us and says, "Hey, my cousin brought the gun over and dropped it off for you guys." He was very much not pleased to learn that we already called HPD and that they were there and going to take the gun to their ballistics lab. I was 10x more pissed that his cousin dropped the gun off IN A BOX AT 5AM in front of our building. Guy was too dumb to even put it in front of our store. I laid into him.

Long story short, customer calls the ATF agent that was handling this whole fiasco and ATF agent calls me. He's also nonplussed about the situation as I am but still okays the guy to have the gun. I'm on the fence at this point but let everything play out. After HPD runs it through ballsitics, they give the gun to the ATF and the ATF brings the gun back to me. Keep in mind, HPD gets the gun in July.

Yesterday, I get a phone call from the tracing center about a trace. Yep, they are just now doing the trace on this serial number from when the HPD got involved in July. I'm like... "uh, the gun is here?" And then have to recount the entire ordeal to the tracing center.

So, TL/DR.... the thing I want the op to walk away with... they will trace it back to him if he bought it new and it may take a while for it to filter back over.
htxag09
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Am I the only one who would contact an attorney on this, even if I'm not planning on getting my gun back? I'd prefer knowing what's going on vs. hoping I never get a call....
Hobbes01
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I realize the OP is rightly stressed about the bigger issues at play here, but since it has been brought up several times:

- Many public restroom TP dispensers are enclosed by a metal container, with the TP accessible from the bottom. I really doubt it was simply an exposed roll, like at your house, that he somehow balanced his holster on and then did not bother to wipe. So it would be easy to set it down, clean yourself up and then when he stood facing away from the dispenser simply forgot it.

- Second, I rarely visit Starbucks except for on road trips in which case a visit to the restroom is part of the pit stop. To be totally PC with their uppity clientele, most Starbucks that I have visited have unisex restrooms - individual rooms with one toilet per room. So no, he did not crap in the ladies' room. And even if he did, he could simply say he was identifying female that day and all would be forgiven in this day and age, right?!


If this was me, paying $300 for an hour of a lawyer's time would be money well spent. Worst case the Starbucks manager noted the time the gun was turned in, and retrieved security footage from any cameras within the establishment and looking out at the parking lot. From there they could have the face and potentially vehicle info for every person who entered that specific bathroom that day. So if the cops did come calling, respond with your lawyer's name and number and then hang up. But I guarantee you an hour talking through the possible scenarios with the lawyer will be well worth your money.
aggielostinETX
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Starbucks restrooms are coed.
BlueSmoke
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IN! Jesus dude. And at a 30.06 establishment too. Come on, man....
Nobody cares. Work Harder
Aggie_3
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Starbucks aren't all 30.06 the one next to my office isn't and I open carry in it.

I had something similar happened to me last year it's literally go pick up the gun they're going to give you talking to other than that you're good to go it's not a ticket it's not fine you're not going to jail quit being paranoid. You'll feel like a dumbass for a while but I guarantee you won't do it again I know I sure as hell haven't
schmellba99
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BrazosDog02 said:

Im still in the camp thinking there is a lot of tin foil **** going on in this thread. It's a simple f-ing mistake. Barney Fife isn't in the mood or business of ruining your life because you made a mistake. The Police have their entire days and lives filled with people who make mistakes, and I can bet that someone like the OP is not going to be someone they just want to up and make an example of. Do people really run around life worrying about which boogey man is out to get them today? Geez. You think they want to ruin the life of someone with no record who follows the rules (minus this once) instead of the guy thats been in and out of jail since he was 16 and has a sheet 12 pages long?

The OP ****ed up. He left his gun. They retrieved it. The Police have it. I would still call, take my lumps, give a statement....jesus christ some of you animals act like he left a stolen weapon responsible for killing someone in a bathroom.

The officers I know are going to release the damn thing and close the case and get it off their plates. You can't even get the cops to find a stolen purse with a gun in it, and you think they are going to waste time on paperwork for **** like this? Hell, the local PD had ALL of their guns stolen and it took them months to track it down...and we are worried about an honest (albeit careless) mistake?

We can sit and play 'what if this and that happened' ALL DAY LONG. But it didnt. It did not happen.

I am NOT suggesting that the OP should go get his gun. I am suggesting that if it were me, I would go get my gun because that's how I feel about this.

My goodness.
This.

I applaud the OP for having the stones to come to the fuggin wolf's den and admit he made a mistake, because honestly this board is a bunch of sanctimonous a-holes when it comes to mistakes others make. Hell, we are a bunch of sanctimonious a-holes for most things, which is why a lot of folks don't post hunting stories, etc. anymore - because there is always a group of people waiting to find fault with something and pounce on it as if they live their lives in sheer perfection.

Is it a huge mistake? You bet it is, but it's not like he went to an elementary school and left a case of dynamite and a box of strike anywhere matches in the playground either. Could something really, really bad have happened? Yep, but thankfully it did (or has) not, and that's what should be focused on instead of fear mongering that one isolated incident that didn't really have a negative consequence being the single reason we all magically get our gun rights "taken" away by the left. Hint: if the left could take away gun rights, they would have long, long, long ago. Quit living your life in fear that a single mistake will end it all.

Here's another bit of shocking information - as mentioned earlier in the thread, LEO's "lose" weapons all the damned time. In 2016, the FBI discovered that 449 firearms were unaccounted for (lost). The INS cannot account for 539 of their weapons in 2016. And these are upper echelon LEO's that should be held to a higher standard, not ordinary Joe Blow.

Should the OP get some shiz for making the mistake? Without a doubt, but those of you that are flat out buttholes need to check yourself just a bit IMO.
AgySkeet06
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htxag09 said:

Am I the only one who would contact an attorney on this, even if I'm not planning on getting my gun back? I'd prefer knowing what's going on vs. hoping I never get a call....
This! I would call my lawyer and tell him the situation. Then give him the case number and have him call the police to discuss retrieval and any repercussions. If the lawyer finds out things area all good then go pick up the gun and pay the lawyer his couple of hundred bucks. if things are not good, then you already have a lawyer that can provide advice/representation...
Signel
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I just jam the gun into my boot (or sock if I have shoes on.) I usually carry a .380 so it isn't a problem. I am terrified of the gun falling off my pants so I always remove it first and stuff it in the boot.
BQ_90
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Ag 11 said:

Did you drop a deuce in the ladies room?
That's got my BS meter up on this thread
docb
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I would think that you could face charges for this. If the business has signage of no guns allowed and then to leave it unattended for anyone to find. Seriously I would think there has to be some sort of penalty for this. Don't get me wrong, I feel bad for you but you have to own up to your actions.
raidernarizona
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BQ_90 said:

Ag 11 said:

Did you drop a deuce in the ladies room?
That's got my BS meter up on this thread
C'mon man! Starbuck's "Gender Neutral" bathrooms are nothing new, and about 6 other guys have already pointed this out...
Duck Blind
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Not trying to judge, but it's remarkable to me that this post was started, much less still up. Google "lost gun starbucks texags" and it's easily found. Not sure if LEO would think to use texags in their search but point is, it's out there, forever. THAT alone, coupled with my OCD, would drive me insane indefinitely. Every time I got pulled over for speeding I'd wonder if today was the day it caught up to me. Phone ringing with unknown number. Booking a flight. You get it....

I'd have to own my mistake. I'd seek legal advice and then just own it. There may be a small price to pay now for your unfortunate mistake, but you'd have resolution. Consider it a lesson learned. No one was hurt. We all make mistakes...
LCE
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When you called SB back on cell phone. I'm guessing they have caller ID and they passed that info on to the police. Manager was probably pissed off and should be. Police probably tracking down phone location and owner now.
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