Firearms, a Fleeing Subject, and an Accidental Discharge
You are a licensed PI with a valid New Jersey permit to carry a handgun and a current PDU firearms qualification. You are doing surveillance in a strip-mall lot at 9 p.m. You carry a Glock 19, an expandable baton, and body armor. The subject, who has no known violent history, spots you, walks over, and says, 'Why are you following me?' You identify yourself as an investigator. He becomes agitated, takes a step toward you, and reaches toward his waistband. You draw your handgun and order him to the ground. He runs. You chase him, tackle him, and during the struggle your gun discharges into the pavement; no one is hit. You had two beers about three hours earlier. Local police arrive. You want to know whether you can detain him, whether the draw, tackle, and discharge were justified, and what you must report to PDU.
1. What authority do you have to carry a firearm and to detain the subject?
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Carrying requires both a valid New Jersey permit to carry a handgun and compliance with PDU firearms requirements, including current qualification and any restrictions on the permit. A private investigator is not a police officer and has no general arrest or detention authority. The only arrest power is the limited citizen's-arrest authority available to any person, and force used to detain must be reasonable and proportionate. A subject who verbally challenges you and then flees is not automatically subject to a forcible detention, especially if the underlying matter is a civil or investigative assignment rather than a felony or breach of peace. Chasing and tackling for a nonviolent fleeing subject is legally risky and hard to justify. The safer course is to disengage, observe, and call local police rather than physically detain.
2. Analyze the draw, chase, tackle, and discharge under New Jersey use-of-force principles.
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New Jersey use-of-force law permits defensive force, including deadly force, only when the actor reasonably believes it is immediately necessary to protect against unlawful force, and deadly force requires a reasonable belief of imminent death or serious bodily injury. Drawing a handgun is a threat of deadly force and must be justified by the totality of the circumstances. A step forward and a reach toward the waistband can support a reasonable belief of a weapon, but the subject had no known violent history, the encounter was verbal, and no weapon was displayed. The draw is arguable but not automatic. Once the subject fled, chasing and tackling him is a separate use of force that is difficult to justify for a nonviolent matter. The discharge, even if unintentional, will be scrutinized as reckless handling. The two beers three hours earlier may also affect perception, judgment, and compliance with carry conditions.
3. What must you report to PDU and local police, and what should you do immediately?
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Notify local police immediately and cooperate fully; a firearm discharge in a public lot is a police matter even if no one was hit. Secure the weapon, preserve the magazine and any discharged casing, do not clean or alter the scene, and identify any witnesses or video. Report the discharge and the use of force to PDU as required by agency and PDU rules, and expect a review of your firearms qualification and permit. Disclose the alcohol use to your attorney and, as required, to the reviewing authorities; carrying while impaired may violate permit conditions and PDU standards. Notify your agency's principal and insurer. Do not post about the incident or discuss it with the subject. Document your observations promptly, but do not create inconsistent accounts after speaking with counsel.