"I was sitting out in front and he walked by and I literally just had a heart attack," the man said in a phone call.

Police said Ray was walking on A1A near the Ocean Walk Shoppes and went into a Burger King to get a drink.

A customer asked him why he had the rifle and Ray replied, “to guard against all the crazies out there,” according to reports.

"It did not look like an airsoft gun because I play with airsoft guns. It looked like a straight up assault rifle," the witness said.

Police said Ray cooperated when they arrived and that they found it had a loaded 30 round magazine with a bullet in the chamber of the gun.

"He's scaring people and you know we're going to do what we think that is necessary to keep the people safe," Jimmie Flynt of the Daytona Beach Police Department said.

Police said that Ray did not have a concealed weapons permit for the rifle.

Ray was not arrested, but was given a notice to appear in court for violating laws for openly carrying a weapon, which is a misdemeanor.