Section 571.114

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 28 Aug 2013, 2 histories   

  571.114.  Denial of application, appeal procedures. — 1.  In any case when the sheriff refuses to issue a concealed carry permit or to act on an application for such permit, the denied applicant shall have the right to appeal the denial within thirty days of receiving written notice of the denial.  Such appeals shall be heard in small claims court as defined in section 482.300, and the provisions of sections 482.300, 482.310 and 482.335 shall apply to such appeals.

  2.  A denial of or refusal to act on an application for a concealed carry permit may be appealed by filing with the clerk of the small claims court a copy of the sheriff's written refusal and a form substantially similar to the appeal form provided in this section.  Appeal forms shall be provided by the clerk of the small claims court free of charge to any person:

SMALL CLAIMS COURT
In the Circuit Court of ______, Missouri
______, Denied Applicant
	)
	)
vs.	)	Case Number ______
	)
	)
______, Sheriff
Return Date ______
APPEAL OF A DENIAL OF A CONCEALED CARRY PERMIT
The denied applicant states that his or her properly completed application for a concealed carry permit was denied by the sheriff of ______ County, Missouri, without just cause. The denied applicant affirms that all of the statements in the application are true.
______, Denied Applicant

  3.  The notice of appeal in a denial of a concealed carry permit appeal shall be made to the sheriff in a manner and form determined by the small claims court judge.

  4.  If at the hearing the person shows he or she is entitled to the requested concealed carry permit, the court shall issue an appropriate order to cause the issuance of the concealed carry permit.  Costs shall not be assessed against the sheriff unless the action of the sheriff is determined by the judge to be arbitrary and capricious.

  5.  Any person aggrieved by any final judgment rendered by a small claims court in a denial of a concealed carry permit appeal may have a right to trial de novo as provided in sections 512.180 to 512.320.

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(L. 2003 H.B. 349, et al., § 571.094, subsecs. 28 to 32, A.L. 2013 S.B. 75)