A Hancock County man might face criminal charges after leaving an unloaded handgun in a restaurant bathroom in Ellsworth on Saturday.
The 70-year-old Blue Hill resident left the .40-caliber subcompact pistol on a toilet-paper dispenser at the McDonald’s at 259 High St. in Ellsworth. An employee cleaning the bathroom reported the discovery to police at about 8:30 a.m., Ellsworth police Capt. Troy Bires said.
Investigators do not know why the man, whom Bires declined to identify because he hasn’t been charged, left the weapon behind or why it was unloaded, Bires said.
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Ellsworth police Sgt. Chad Wilmot investigated the incident and is reviewing it with the Hancock County district attorney’s office to see whether an arrest is warranted. The man would likely face a charge of reckless conduct if arrested, Bires said.
Under Maine law, reckless conduct happens when a person “recklessly creates a substantial risk of serious bodily injury to another person.” As a Class D crime, it carries a punishment of up to 364 days incarceration and a $2,000 fine.
Maine law allows a person who is not otherwise prohibited from possessing a firearm to carry a concealed handgun without a permit. The law also authorizes a person to possess a loaded pistol or revolver while in a motor vehicle, trailer or other vehicle being hauled by a motor vehicle.