Editor’s Note: Following the original publication of this story on Sept. 2, 2019, KXAN received information from the Travis County District clerk indicating the charge against the man had been dismissed and his record expunged.
AUSTIN (KXAN) — An off duty officer from Taylor Texas helped Austin police arrest a man Sunday who was carrying a gun in a without a concealed handgun license in a downtown sports bar.
According to the arrest affidavit, the off-duty officer flagged down nearby APD officers and alerted them to an intoxicated man with a handgun inside Buffalo Billiards on East Sixth Street. According to the affidavit, a 51% sign was posted in the bar, indicating that carrying a gun there is illegal. TABC requires businesses that sell alcohol to be consumed on-site and whose alcohol sales make up more than half of its revenue to post these signs.
The off-duty officer said while the suspect was using the urinal in the bar’s restroom he saw a handgun in the man’s waistband. He also said the suspect was acting in a way that made him believe he was heavily intoxicated.
The suspect was pointed out to APD and he was quickly detained. According to police, the man had unsteady balance, bloodshot eyes and strongly smelled of alcohol.
Police say they found a 40 caliber Smith and Wesson handgun in the man’s waistband. Officers removed a magazine from the gun that contained 10 hollow point bullets.
According to the arrest affidavit, the man was from Virginia and did not have a concealed handgun license.
He was arrested and charged with unlawful carrying of a weapon in a licensed premise, which is a felony. He also faces a bond of $10,000.