2026-1 PUBLIC ENDANGERMENT BY "LAWFUL" GUN OWNER

 

Public Endangerment At The Hands of a “Lawful” Gun Owner

This incident will highlight the failures of the Georgia state government to protect its citizens due to lax gun regulations that are often referred to as “constitutional carry” laws. It also highlights the fact that many Americans are incapable of taking on the responsibilities of gun ownership, and how their lack of responsibility endangers other citizens within their community.

Date/Time: Just prior to 2000hrs on December 17th, 2025, Wednesday

Location: Inside the El Jinete Restaurant, located in Gwinnett Co. Georgia

Incident: Unlawful Firearm Discharge in Public Place

Subject: 52 year old male, lawful gun owner

Type Firearm: Unknown (Based on description of incident, it's believed to be a revolver.)

Victims Injured By Gunfire: None reported.

Imagine yourself and your family enjoying an evening out at a local restaurant. People are talking among themselves, eating and drinking. Suddenly, a loud explosion occurs. The type of sound that makes everyone instinctively flinch in their seats. You then see an adult male pick up a handgun from the floor and run out of the restaurant. Some people begin to panic and wonder if anyone was injured by the gunfire. Luckily, no one was hurt.

The police respond and investigate the incident. That investigation, subsequent arrest and interview of the subject revealed the following. The 52 year old male subject was sitting among the many patrons of the restaurant enjoying his meal. He was armed with a handgun, which he carried concealed, in the pocket of his sweatpants. Upon turning in his chair to get up from the table, the firearm fell from his pocket, hit the floor and discharged a round. The subject panicked as did most people in the restaurant. However, our subject made the split second decision to grab his firearm and flee the restaurant and the area. He was later identified, located and arrested for reckless conduct and tampering with evidence.

Many people will read this story and make the usual mistake of thinking it was simply an “accident”. “It could have happened to anyone. No one was injured so no harm, no foul.” The fact is, it wasn't an accident. There is a laundry list of the many failures that led up to the unlawful discharge of the firearm. Many of the facts that influenced the circumstances that allowed the discharge to occur, were legal and intentional. Other facts are rooted in a lack of common sense, neglect, laziness and irresponsibility.

To understand who is responsible for this unlawful discharge, we need to start with the citizens and the government of the state of Georgia. The state of Georgia has its deep roots in the South. Like many southerners, they cherish the value of individual rights and independence. Many feel that any law abiding person has the right to possess a firearm and carry one with them for protection. This is not an unreasonable expectation. The citizens make their desires known to their elected officials in the state government. With the assistance of individuals and organizations promoting the right to keep and bear arms, in accordance with the US Constitution, the state government passes laws often referred to as “constitutional carry”.

This law gives any Georgia citizen the right to purchase and possess a firearm without the requirement of a permit. As long as the person is 21 years old or older, and does not have a criminal record or mental disability that would prevent them from owning a firearm, they are free to possess and carry a firearm, either openly or concealed, without the requirement of a permit.

This is the first influencing factor, or action, by both the citizens and the state government of Georgia that allowed this situation, the unlawful discharge of the firearm in the El Jinete restaurant to occur. How so? Let's look at how the lawful and intentional actions of the citizens and state government, although well-intentioned, created an unsafe environment for its citizens.

Under the Second Amendment of the Constitution, the right of the people to keep and bear arms shall not be infringed. It is not unreasonable for the citizens and the state government to secure that right by passing state-level laws. The problem with this constitutional carry law arises when there is a lack of requirements or regulations accompanying the law. We see in the state of Georgia, and in many other states with similar laws, that the requirements or limitations placed on their citizens is minimal. The only requirement for a citizen of Georgia to buy, possess and carry a lethal firearm is that they be at least 21 years of age, and do not have a criminal record or mental health judgment that would prevent them from owning or possessing the firearm. An example would be either a felony conviction, or a mental health determination by a physician that identifies them as a threat to themselves or society.

Lacking these few prohibitions, a citizen may purchase, possess and carry a firearm. So what's the problem with the Georgia law? Common sense is the first issue. Let's discuss what is not required by the constitutional carry law. A person may have little to no personal knowledge, or experience with firearms, nor have knowledge on how to properly use or carry the firearm for personal protection. The Georgia law does not require its citizens to know anything about the deadly weapon they are about to buy, possess, and carry in public places.

The lack of common sense in this constitutional carry law goes even further by failing to require its citizens to receive any training concerning gun safety, its use, possession, or training on laws governing the use of force for self-protection. The state, with its citizens' support, thinks it is OK to tell their citizens, if you are over 21 years of age, if you are legal to possess, you can go buy a gun and carry it in the public domain. You are not required to have any knowledge of the gun you carry. You don't have to prove that you are proficient with the weapon. Nor, do you need to prove you have any knowledge of what the law says concerning the use of force during self-defense. Have at it.

When the state leaves it up to its citizens to do the responsible thing; to get the training, acquire the knowledge, and prove their proficiency with their firearm, in most cases this it will never happen. If there is no requirement by law, most people will choose to skip the training. When this lack of self-discipline to do the right thing happens, the result is what we witnessed with the unlawful discharge of the firearm in the El Jinete restaurant. This is the second factor that has a negative impact on public safety, the lack of any training requirements in the constitutional carry law.

Lets take a look at the gun owner and see how he failed miserably as a so called “lawful gun owner”, that he allowed a situation to develop where his self-defense firearm is unlawfully discharged in a public place, endangering its citizens.

Of the many local news reports about the firearm discharge, it was never reported how or when the subject obtained the firearm. So we don't know if he inherited it, was gifted it by someone else, or purchased it himself. We do know he was a lawful gun owner in the state of Georgia. There are a number of things we can assume when we consider the circumstances surrounding this unlawful discharge.

The first assumption that is easily made suggests the 52 year old subject received little to no training about becoming an armed citizen. Nor did he appear to have completed any training about the type of weapon he chose to carry. He also exhibited a total lack of knowledge concerning firearm safety. What information leads me to suggest these assumptions?

If the subject had attended any firearms training conducted by people experienced with firearms, he would have developed knowledge of; the laws surrounding self-defense, what is required to safely become an armed citizen in public and the nuances of carrying his firearm concealed. Any training would have covered basic firearm safety rules and procedures. The subject exhibited none of the above training or knowledge.

When you decide to become an armed citizen, and you make the incredibly important and demanding decision to carry your firearm into the public domain, you must willingly take on the responsibilities that come with that decision. The subject failed to take any responsibility for his errors in judgment.

Being knowledgeable about every aspect of your weapon is extremely important, not only as it pertains to your personal protection, but that of the general public as well. Had the subject possessed the required knowledge about his firearm, he would not have chosen to carry it in the flimsy pocket of his sweatpants. Many handguns weigh two pounds or more when loaded. Even a smaller, or more compact revolver, which is the type I suspect our subject was carrying, usually weighs well over one pound when loaded. Making the decision to place the pistol in the pocket of your sweatpants is not only incredibly dumb, but its also very irresponsible.

The pocket of your sweatpants is not firm enough to support a firearm. These type of pockets barely support holding your car keys or wallet, much less a loaded firearm. Anyone, with any training in firearms, would understand that every handgun should be stored and/or carried in a sturdy holster. The holster should be specifically designed to properly fit the weapon being carried, and secure it in a manner that does not allow anything to enter the trigger guard. The holster should then be firmly secured to the wearer's person, usually by a sturdy belt, to assist in keeping the weapon secure and readily available. A proper holster is the first line of physical safety concerning your handgun. The subject showed zero knowledge about this basic requirement. Carrying it in the manner the subject did, in his sweatpants pocket, was a primary influencing factor in the unlawful discharge of the weapon.

When you decide to carry concealed, you should base your clothing choices around the fact that you are going to carry your firearm with you. What you wear while carrying your concealed weapon is important. The clothing should be loose enough to prevent any imprinting of your weapon. It must also be of a design to allow you easy access to your weapon, permitting you to draw your firearm from its holster without obstructions.

Another consideration in deciding to carry concealed is your intended destination. You need to think ahead. What is the level of threat at your destination? Under normal circumstances, a popular family restaurant would not be considered a high-threat environment. The question should be asked, Do I really need to carry my weapon with me to the restaurant? You should also consider how busy it will be. While a busy location may raise the threat level you face, it may also restrict your use of a deadly weapon such as a firearm. A crowded restaurant like the El Jinete, puts you in a situation where you have a very limited field of fire, even if the shit hit the fan. Many innocent bystanders in the immediate area could cause you to hold your fire during that crucial moment when you needed to protect yourself or others. What is located in front of, or behind the intended target, may prevent you from firing your weapon. The expected crowd size at your destination must be a consideration in your decision on whether to carry your weapon with you, or not.

It is obvious our subject did not take any of the above factors into account. The lazy, backyard attitude he exhibited by tucking his pistol into his baggy-ass sweatpants, assuming it somehow suffices as a holster, says everything about his mental attitude and lack of knowledge concerning firearm safety.

As I mentioned previously, there are many responsibilities you must accept when you decide to become an armed citizen. The most important of them is taking responsibility for your actions. When the firearm fell from the subject's sweatpants pocket, landed on the floor and discharged, we would expect a responsible person to immediately secure the weapon and ask if anyone was injured. Injury from a firearm can be fatal instantly, so time is of the essence when it comes to providing first aid to any injured party.

Our subject exhibited his immaturity and lack of responsibility when he immediately grabbed his firearm from the floor, ran out of the facility and fled the area. It's forgivable for the subject's poor judgment on what clothing choice he made and how he carried his firearm when out in public. But, what is much harder to forgive is when the subject responds to his mistake in judgment by fleeing the scene, hoping he won't be identified. This wanton disregard for other people's well-being is a disgrace, and a huge slap in the face to all law-abiding gun owners who do the right thing every day, even when it's not convenient.

While the subject may face some legal punishment for “reckless behavior” and “tampering with evidence”, it is doubtful he will be restricted from owning a firearm for any period of time. It is also doubtful he will be required to attend and successfully pass a firearms safety course. Let's face the fact, a safety course if not required by Georgia law, so why would he be required to attend one. With a clean record, our subject may face probation and a fine. He will then be allowed to pick up his weapon of choice and venture out into the public domain yet again, carrying his firearm in whatever manner that tickles his fancy at that moment.

Maybe he will be standing next to you in the grocery store, be in the car one spot away filling up his gas tank, or standing behind you at the bank. Should you be concerned? Should you wonder if he learned anything from his mistakes? You should, even if you're not.

If you decide to become an armed citizen the responsible gun owner ensures he attends the required training to develop knowledge and skills concerning firearm safety and use of force for self-defense. The training is essential and should be recurring, at least twice a year. The training and learning from other's mistakes should never end. Don't be this guy.

Keep reading, keep learning.

One Eagle


Note: all images obtained from Google Images, non-royalty common sources.

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