Local

Tow-truck driver shot and killed identified, was not allowed to carry gun under Florida Statute

JACKSONVILLE, Fla. — A tow-truck driver was shot and killed in the Brentwood area around 10 p.m. Tuesday after the Jacksonville Sheriff’s Office says he was in the middle of repossessing a car. JSO says the incident took place at the Sanctuary Walk apartment complex in the 600 block of E. 21st Street.

Family members and MAD DAD have identified the victim as Oliver Lopez.

JSO says when they arrived on scene, they found the tow-truck driver was suffering from a single gunshot wound. Jacksonville Fire and Rescue transported him to a nearby hospital, where he later died.

Josh Catir of the Jacksonville Sheriff’s Office’s homicide unit says that when the victim was trying to hook the car up to his tow truck, the car’s owner became aware and “some sort of altercation occurred between them.”

During the fight, Catir says another person approached them with a gun and shot multiple times, striking the victim.

The Florida Department of Agriculture and Consumer Services cites a state statute that states that licensed recovery agents and licensed recovery interns are prohibited from carrying guns while on private property and in the course of repossession activities.

Eric Friday, a Second Amendment attorney not affiliated with this case, says this may be unconstitutional under Florida’s open-carry law.

“As far as I know, there’s no historical history of telling repo agents that they’re not allowed to carry a firearm to defend themselves when the person they’re repossessing from gets violent,” Friday said.

He says that the association representing repo agents may consider lobbying about next year.

“I think the law here might be unconstitutional, and it’ll be up to them to either get the legislature to fix it or bring a legal challenge saying that it’s unconstitutional,” Friday said.

Friday says that, generally, people who find themselves dealing with repossessions are in bad financial circumstances, so it’s not surprising that emotions could run high.

“I think we now have evidence that there are people who will shoot you over very little, and those that are law-abiding people need to be able to be armed to defend themselves, whatever occupation they’re in,” Friday said.

No arrests were made. Police said the relationship between the vehicle owner and the shooter was unknown on Wednesday morning.

Anyone with information about the incident is asked to call JSO at 904-630-0500, by email at jsocrimetips@jaxsheriff.org, or via CrimeStoppers at 866-845-TIPS.

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