By Melissa Garcia

DENVER (CBS4) – Police are investigating an off-duty FBI agent after his gun went off on the dance floor at a nightclub in downtown Denver.

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The single shot rang out around 12:45 a.m. Saturday inside Mile High Spirits Tasting Room on Lawrence Street and 22nd Avenue.

CBS4’s Brian Maass was the first to break this story.

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According to Denver Police, the dancing agent’s firearm fell from its waistband holster onto the floor. When the agent picked up the gun, it discharged, said police, striking another patron in the leg.

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Tamara Oswald, who just moved in to the apartments three doors down, said the nearby shooting was not the warm welcome she was hoping for.

“It’s kind of crazy because it’s almost like I’m back in (Philadelphia) again. And I thought I was getting away from it,” Oswald told CBS4’s Melissa Garcia.

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Witnesses at the bar said they heard the victim shout for help. Paramedics rushed the victim to a hospital. The victim’s injuries were said to be non life-threatening.

The agent was taken to Denver Police headquarters and later released to an FBI supervisor, police said.

“You can not carry if you’re in a bar or an establishment if you’ve been drinking,” one patron and gun owner said. “I would certainly hope that alcohol was not involved, because being a gun owner myself and being part of a community that cares about gun safety, I’m very responsible with my firearms. My friends are as well.”

fbi club shooting 5vo transfer frame 0 Questions Loom Over FBI Agent Whose Gun Fired Inside Nightclub

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In a statement, an FBI spokesperson said “the investigation is active, ongoing, and a personnel matter so we cannot provide comment at this time.” The spokesperson did not provide answers to a request for information on what firearms protocol may be in place for off-duty agents.

Denver Police said charges would be in the hands of the district attorney.

Melissa Garcia has been reporting for CBS4 News since March 2014. Find her bio here, follow her on Twitter @MelissaGarciaTV, or send your story idea to mkgarcia@cbs.com.

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