(PUEBLO, Colo.) — The Pueblo Police Department (PPD) said a man who was seen shoplifting at a Pueblo Kohl’s while carrying a gun was cited and released for theft, despite being a 4-time convicted felon.

PPD said due to new laws regarding Possession of a Weapon by a Previous Offender (POWPO) and theft, the suspect could not be charged with POWPO and instead was only cited for theft and released.

According to PPD, just before 4 p.m. on Saturday, Jan. 7, officers were on patrol in the area of the North Elizabeth Street Kohl’s store when they were informed of a man actively shoplifting.

When officers arrived at the store, the loss prevention employees told them there was a Hispanic man carrying a holster on his right hip. Loss prevention also said the man was in the fitting rooms hiding stolen items in a bag. Officers then witnessed the man walk out of the store with the bag full of items, without paying.

The man, identified as William Padilla, was taken into custody without incident. Padilla admitted to officers that he was a convicted felon, and through further investigation, Padilla was found to have been convicted of four past felonies. He is prohibited from being in possession of a gun due to those convictions.

However, due to new laws regarding POWPO arrests, Padilla was cited for theft and released. He was not booked into the Pueblo County Jail on any charges.