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, identified as 26-year-old Derek Stuart, had unsteady balance, bloodshot eyes and strongly smelled of alcohol.

Police say they found a 40 caliber Smith and Wesson handgun in Stuart’s waistband. Officers removed a magazine from the gun that contained 10 hollow point bullets.

According to the arrest affidavit, Stuart was from Virginia and did not have a concealed handgun license.

Stuart 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.