44-year-old Rafael Ubeda was waiting in line for breakfast at a McDonalds in Tavernier, Florida. Ubeda has a concealed weapons permit from the state of Florida. He also had a .22-caliber Derringer handgun in his coat pocket.
Ubeda told police that his hands were cold so he put them in his pockets. While doing this, he said, he must have hit the trigger and the gun fired, shooting him in the leg.
Ubeda will not be charged in connection with the accidental discharge of his firearm because Florida law specifically requires the discharge of a firearm must be done "knowingly" in order for someone to be charged with an "accidental" discharge.