It happened just before 1:30 Wednesday afternoon at the Chipotle near 104th
Sandy Police say the man removed his backpack to pay for his meal and accidentally dropped it.
When the bag hit the floor, the handgun he had inside accidentally discharged.
A woman who was eating lunch with her family just a few feet away spoke to ABC 4 Utah about what she saw, "We we're all just eating lunch. I was there with my family and suddenly there was a loud bank and everybody stopped and froze because it was obvious that it was louder than a balloon or dishes crashing…A gun went off.”
Luckily the bullet hit the floor and lodged into the concrete.
"What's scary about it is the gun hit the floor and went off,” said the woman. “But had the gun hit another way could have shot anyone in the restaurant, my family included."
The man with the gun reportedly picked up the backpack and the shell casing, got his lunch and then waited outside for police.
Sandy Police Sgt. Jon Arnold said, "The individual is a conceal carry permit holder. He had the gun legally and lawfully."
Sgt. Arnold says because it was an accident, and because no one was hurt, the man was not cited.
"This wasn't due to him actually handling the gun when it discharged those are things when you at it in terms of criminal negligent, criminal recklessness in terms of how he was handling the gun,” explained Sgt. Arnold.
While it was an accident the mother we spoke with says the man was negligent and should face some kind of consequence, but police say despite the fact the man was carrying a loaded gun with a bullet in the chamber and likely the safety off it's not against the law.
"He legally has a right to carry his gun that way,” said Sgt. Arnold.
Police say it is extremely uncommon for a gun to fire if it's dropped. Sgt. Arnold guesses it must have landed right on the barrel for the firing pin to discharge and fire the bullet.