Every individual seeking a private detective license is
subject to a background investigation by the State Police.
Note, however, that any information obtained as a result
of such an investigation is confidential and can only be
disclosed through a court order. See N.J.S.A. 45:19-12.
This rule applies equally to the disclosure of information
by the State Police to other law enforcement agencies for
law enforcement purposes. City of Passaic v. New Jersey
Division of State Police, 332 N.J. Super. 94, 96, 106 (App.
Div. 2000).
Not every individual acting in the capacity of a
private detective, however, must be licensed. “[P]olice
officers engaged in off-duty security work do not fall
under the licensing requirements of the Act unless they
are engaged in the “private detective business.” Bowman
v. Township of Pennsauken, 709 F. Supp. 1329, 1344
(D.N.J. 1989). Also, a person, including a constable,
who is an employee of a private detective business does
not have to obtain the license required by this Act.
N.J.S.A. 45:19-10. Note, however, that a constable who
holds the capacity of a security guard at various private
business enterprises cannot operate without such a
license. Id. Additionally, a license is not required for a
single or isolated investigation conducted within the
state. State v. Whitaker, 143 N.J. Super. 358, 366-67
(Law Div. 1976).
Regular members of a municipal police department
during their off duty hours or any other person may
engage in police-related activities for private commercial
establishments as employees without being in violation
of the Act, as long as those activities do not constitute the
business of a private detective security guard or
watchman. Attorney General’s Formal Opinion No. 11
(1978); See also In re Preis, 118 N.J. 564, 576 (1990)
(endorsing the Attorney General’s Formal Opinion No.
11).
II. REVOCATION OF LICENSE
A private detective license is valid for a five year period
but is revocable by the Superintendent after a hearing for
cause. N.J.S.A. 45:19-2. The basic test applicable in a
revocation hearing is whether the facts established show
a lack of good character, competency, and integrity or
whether the facts and circumstances are such that those
requirements have been impaired to such an extent that
the holding of the license by the individual “would create
the possibility of the very mischief and danger the statute
aimed to prevent.” In Re Berardi, 23 N.J. 485, 493
(1957).
III. GUN PERMIT REQUIREMENT
Licensed private detectives are not exempt from the
gun permit requirements of N.J.S.A. 2C:39-5b. Rather,
such individuals must apply for a permit to carry a
handgun pursuant to N.J.S.A. 2C:58-4. In Re Rawls, 197
N.J. Super. 78, 83 (Law Div. 1984); State v. Nicol, 120
N.J. Super. 503, 506 (Law Div. 1972).The rules in this area are strict. As the Supreme Court
of New Jersey stated, “[g]iven the dangers inherent in
carrying handguns and the urgent necessity for their
regulation,” the authorization for the carrying of
handguns lies strictly with the judiciary. In re Preis,
supra, 118 N.J. at 576. To that end, each applicant must
establish a “justifiable need” to carry a handgun on a
“case-by-case” basis. Id. Also, the judge must thereafter
determine “(1) that the applicant, in the course of
performing statutorily-authorized duties, is subject to a
substantial threat of serious bodily harm; and (2) that
carrying a handgun is necessary to reduce the threat of
unjustifiable serious bodily harm to any person.” Id. at
576-77.And, the mere fact that employees of a private
detective agency were former police officers did not
automatically qualify them for a gun permit. Nor does
the fact of their former employment presume that such
applicants are of “good character or physical fitness”
without subjecting them to the two-year-renewal review.
Id. at 575; see Matter of Purcell, 137 N.J. Super. 369, 370-
71 (App. Div. 1975) (holding that a misdemeanor
conviction arising out of defendant’s conduct as a private
detective without a license was a disqualifying factor for
a permit to carry a handgun).