What The Recent Florida Firearm Ruling Means For Recovery Agents

A recent Florida court ruling that struck down the state’s ban on open carry has raised questions across many professions — including repossession work. However, according to a new legal advisory opinion from Florida Attorney General James Uthmeier, the decision does not change the current firearm restrictions for licensed recovery agents.

In short, even though the court found Florida’s general ban on open carry unconstitutional, recovery agents are still prohibited from carrying firearms while on private property or performing repossession activities.

Uthmeier’s opinion was issued in response to an inquiry from Florida Agriculture Commissioner Wilton Simpson, whose department oversees licensing for private investigators, security officers, and recovery agents under Chapter 493 of Florida Statutes. The question stemmed from the McDaniels v. State ruling, where the First District Court of Appeal held that the state’s ban on open carry violated the constitutional rights of ordinary citizens.

However, Uthmeier made it clear that this ruling does not extend to licensed professions performing regulated duties. His October 20 advisory opinion states:

“McDaniels does not impact the restrictions on private investigators, security officers, and recovery agents licensed under Chapter 493, Florida Statutes, when performing their professional duties.”

That means recovery agents must continue to follow existing laws — specifically, the prohibition against carrying a firearm during repossession work or while on private property related to a recovery.

While Attorney General opinions are not legally binding, they are influential and carry significant weight in interpreting how state agencies enforce laws. Until the Legislature or courts make a direct change, Florida’s firearm restrictions for recovery agents remain the same.