Yessireebob, this APPEARS to be (the article makes no mention of a holster) another case of an un-holstered handgun (Glock for this incident) tucked inside a waistband. That .40 caliber slug blasted right through the man’s fleshy little obstacle and went on to lodged in his leg. The man had a carry permit; he was legal.
One of the main functions of a holster is to protect a handgun’s trigger from getting an inadvertent yank from a finger, shirttail, jacket drawstring, etc. Carrying any un-holstered handgun in your waistband is courting a life changing experience.
As long as you don’t injure / kill innocent folks or damage their property, I suppose you have a right to do any damn fool thing with a gun that you want. It is too bad that these episodes make the responsible gunslingers look bad.