Introduction

In September 2025, Florida entered a new legal era when the First District Court of Appeal struck down the state’s longstanding ban on open carry in McDaniels v. State. The decision followed the reasoning of New York State Rifle & Pistol Ass’n v. Bruen (2022), which requires firearm restrictions to align with the nation’s historical tradition of regulation. The court held that Florida’s prohibition on open carry failed that standard and was therefore unconstitutional.

When no appeal was filed, the ruling became effective statewide on September 25, 2025, and Attorney General James Uthmeier confirmed that open carry was lawful throughout Florida. Law enforcement agencies were directed to cease enforcing the prior ban.

Although the ruling expanded rights for lawful gun owners, open carry remains limited by numerous statutory restrictions, and professional firearm authorization under Chapter 493 of the Florida Statutes remains distinct from personal firearm rights.

Legal Framework and Case Law Context

The McDaniels decision overturned the Florida Supreme Court’s prior ruling in Norman v. State, 215 So.3d 18 (Fla. 2017), which had upheld the open carry ban under a less protective legal standard. Applying the Bruen framework, the First DCA found that the state failed to demonstrate any historical precedent justifying a categorical ban on open carry.

The decision affirms that the right to bear arms includes carrying firearms publicly for self-defense, subject to restrictions in sensitive places. However, the ruling did not alter the specific licensing scheme that governs armed professionals such as private investigators, security officers, and protection specialists under Chapter 493.

Open Carry Limitations and Prohibited Locations

Even after McDaniels, open carry remains prohibited in many locations. Under state and federal law, firearms may not be carried—openly or concealed—in the following areas:

• Law enforcement stations, prisons, and detention centers
• Courthouses and courtrooms (unless expressly authorized)
• Polling places during elections
• Meetings of governmental bodies
• Public and private schools, college campuses, and educational facilities
• Portions of establishments primarily devoted to alcohol consumption
• Passenger terminals and sterile areas of airports
• Any area where firearms are restricted by federal law
• Private businesses and properties with posted firearm prohibitions

Violations of these restrictions can result in misdemeanor or felony charges. Property owners and employers retain authority to prohibit firearms on their premises, and refusal to comply with such restrictions can constitute armed trespassing under Florida law.

Private Investigators and Firearms: The “G” License Requirement

Florida law draws a clear distinction between personal concealed carry rights and professional firearm authorization under Chapter 493, Florida Statutes.

A licensed Private Investigator (Class “C”) may not carry a firearm while performing investigative duties under a regular Concealed Weapon License (CWL) issued pursuant to Chapter 790. The CWL authorizes personal concealed carry for self-defense but does not extend to employment-related firearm use.

To lawfully carry a firearm while on duty, a private investigator must obtain a Class “G” Statewide Firearm License, which authorizes firearm possession only within the course and scope of licensed employment.

Requirements for the Class “G” License

(Florida Statute § 493.6115)

1. Hold a valid Class “C,” “CC,” “M,” or “MA” license.
2. Complete a 28-hour training course from an FDACS-approved instructor, including classroom instruction, legal education, and range qualification.
3. Pass a written exam and a live-fire proficiency test with the intended duty weapon.
4. Submit fingerprints and undergo a background check confirming good moral character.
5. Renew annually and complete 4 hours of requalification training each year.

A private investigator may carry under the Class “G” license only during official assignments and with agency authorization. The firearm must be the same caliber and type used for qualification. Carrying off duty under a “G” license is prohibited unless the investigator also possesses a personal concealed weapon license for self-defense.

When Armed Investigations Are Warranted

Not all investigations justify or require an armed presence. In fact, most routine investigative work—such as background checks, surveillance from public vantage points, interviews, and document service—should be conducted unarmed. The decision to authorize a private investigator to carry a firearm must be made with caution, based on both operational necessity and client safety.

Appropriate Circumstances for Armed Investigations

An armed assignment may be justified when one or more of the following conditions exist:

1. High-Risk Surveillance or Field Work:
   Surveillance in remote, high-crime, or unstable environments where there is a credible risk of confrontation or violence.
2. Personal Protection or Executive Security Overlap:
   When the investigator is simultaneously licensed and assigned to protective detail functions (e.g., bodyguard or escort services) authorized under § 493.6301.
3. Recovery of High-Value Property:
   When retrieving stolen assets, valuable merchandise, or evidence in potentially hostile locations, provided the assignment complies with all laws and agency policy.
4. Investigation of Violent Crimes or Threat Cases:
   When investigating criminal matters involving known violent offenders, stalking threats, or domestic abuse situations that may escalate.
5. Night Operations or Rural Locations:
   When working in isolated areas with limited law enforcement presence, where response time to emergency calls may be delayed.

Agency Responsibility and Authorization

Before assigning an armed investigator, the agency must evaluate the operational risk, document the justification, and issue written authorization. The investigator must carry identification and proof of both Class “C” and Class “G” licenses at all times while armed. Firearms should remain holstered, and display or use is justified only under the same standard of lawful self-defense that applies to any citizen under Chapter 776, Florida Statutes.

Carrying a firearm during low-risk civil or domestic investigations is strongly discouraged and may expose both the investigator and agency to liability for negligence or excessive force if an incident occurs.

Traveling Out of State with a Firearm

The McDaniels ruling applies only within Florida. Once a firearm owner crosses state lines, that person becomes subject to the firearm laws of each jurisdiction traveled through.

• Reciprocity:
  Florida’s concealed weapon license is recognized by many states, but reciprocity applies only to concealed carry. Most states that honor Florida’s CWL do not recognize open carry by non-residents. Always verify state-specific laws before traveling.
• Class “G” License and Out-of-State Duty:
  The Florida Class “G” license is valid only within Florida. It does not grant authority to carry a firearm while performing investigative or security duties in other states. Any armed work beyond Florida’s borders requires compliance with that state’s licensing laws.
• Federal Safe Passage Provision (18 U.S.C. § 926A):
  Federal law allows the interstate transport of firearms if they are unloaded, locked in a container, and inaccessible from the passenger compartment. This rule applies to travelers moving between states where firearm possession is legal.
• Air Travel Regulations:
  The Transportation Security Administration (TSA) requires that firearms be declared, unloaded, and secured in a hard-sided locked case within checked baggage. Carrying any firearm into an airport terminal or aircraft cabin remains a federal offense.
• Recommendation:
  Travelers should consult official state resources or reciprocity maps before transporting firearms. When in doubt, transport the weapon unloaded and locked, and avoid handling or displaying it publicly in unfamiliar jurisdictions.

Best Practices and Recommendations

1. Stay informed about legislative updates.
   Florida’s legislature may issue clarifying amendments to Chapter 790 and related statutes following McDaniels.
2. Comply with professional licensing boundaries.
   Private Investigators cannot rely on personal concealed carry permits while working. Only a Class “G” license permits on-duty firearm possession.
3. Evaluate the necessity of being armed.
   Firearms should be authorized only for investigations presenting credible physical risks.
4. Maintain strict training and documentation.
   Agencies should retain records of all firearm training, qualifications, and written duty authorizations.
5. Respect private property rights.
   Always honor posted restrictions and client site rules prohibiting firearms.
6. Exercise professional restraint.
   Fla. Stat. § 790.10 prohibits careless or threatening exhibition of firearms. Responsible handling is essential to credibility and safety.
7. Plan for interstate travel.
   Research firearm laws for all states to be visited and ensure compliance before departure.
8. Seek legal counsel when uncertain.
   Enforcement interpretations may vary across judicial circuits. Legal consultation is advised before implementing open carry policies.

Conclusion

The McDaniels v. State decision represents a historic expansion of Second Amendment rights in Florida, allowing lawful open carry for the first time in decades. However, this new right does not extend automatically to licensed investigators or other security professionals.

Private Investigators must hold a valid Class “G” Statewide Firearm License to be armed while on duty and should carry only when operational conditions justify doing so. Most investigative assignments remain unarmed, and responsible discretion protects both the investigator and the public.

When traveling beyond Florida, firearm owners must follow the laws of the destination and federal transport regulations. The hallmark of a professional investigator is not only legal authority but also disciplined judgment and measured restraint.

Bibliography

Florida Statutes

• Fla. Stat. § 790.053 – Open carrying of weapons.
• Fla. Stat. § 790.10 – Improper exhibition of dangerous weapons or firearms.
• Fla. Stat. § 790.06 – License to carry concealed weapon or firearm.
• Fla. Stat. § 493.6115 – Class “G” Statewide Firearm License; requirements.
• Fla. Stat. § 493.6301 – Licensing of agencies providing protective services.
• Fla. Stat. § 776.012 – Use or threatened use of force in defense of person.
• 18 U.S.C. § 926A – Interstate transportation of firearms.

Case Law

• McDaniels v. State, 1st DCA (Sept. 10, 2025).
• Norman v. State, 215 So.3d 18 (Fla. 2017).
• New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. ___ (2022).
• Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017).

Official and News Sources

• Florida Department of Agriculture and Consumer Services, Division of Licensing.
• Florida Attorney General’s Office, Press Release (Sept. 2025).
• CBS News Miami, “Florida Open Carry Law: What to Know,” Sept. 2025.
• Politico, “Attorney General Declares Open Carry Lawful Statewide,” Sept. 2025.
• Police1, “Court Rules Florida Ban on Open Carry Unconstitutional,” Sept. 2025.
• Florida Phoenix, “Law Enforcement Agencies Halt Enforcement of Open Carry Ban,” Sept. 2025.
• WESH 2 News, “Where Open Carry Is Still Prohibited in Florida,” Sept. 2025.

© 2025 Bedan Investigations & Litigation Support
Licensed Florida Private Investigative Agency – A-Class License Pending / C3500448
www.bedangroup.com