(KMOV) -- The incident happened Jan. 21 at St. Patrick's Church in Wentzville. The gun owner came forward the next day after seeing news reports.
The St. Charles County prosecutor says this is the second accidental shooting like this in recent years, and he believes it's time gun laws change.
A cell phone with a rubber case around it has more protection than an unholstered gun. Prosecutors and gun experts agree that had the man's weapon been properly secured, a critical injury may have been prevented.
"There's no question it was unintentional," St. Charles County Prosecutor Jack Banas said.
Banas says a truck driver with a conceal and carry permit put a .38 caliber Cobra Derringer in his coat pocket. The pistol fired when it fell from his jacket and hit the floor. The bullet struck a man across the room. The victim was critically injured by a shot to the chest, but he survived. According to Missouri gun law, the truck driver did nothing criminal, but Banas thinks the law should change.
"Either the statute has to change, or these types of weapons shouldn't be carried in such a fashion or any weapon should be required to be holstered and secured properly if you're going to carry it on your person," Banas said.
Paul Bastean is a Lake St. Louis Police sergeant and conceal and carry trainer at Ultimate Defense in St. Peters. He thinks the Derringer can present a danger if it's not handled properly. He's hardly a fan of the weapon. He doesn't even carry it in his store.
"If you're negligently carrying that weapon where it's loose, hanging around in your pocket, there is a chance that it's just going to go off because there's no trigger protection on that gun," Bastean said.
That's why he advocates for holstered weapons.
"It literally traps the trigger, so there is nothing that can make this gun go off," Bastean said as he demonstrated a properly-secured weapon.
And Bastean says that can keep you and those around you safe.
Aaron Dwan is the victim in the Wentzville shooting. He does have a lawyer and a civil case is expected to be filed for negligence.
