Denial of application, appeal procedures
If a sheriff says no to someone's concealed carry permit application, that person has 30 days to appeal. The appeal is filed at small claims court, and it's free to file. At the hearing, if the person proves they should get the permit, the court can order the sheriff to issue it. If the person disagrees with the small claims court's decision, they can ask for a whole new trial.
571.114. of , procedures. — 1. In any case when the sheriff refuses to a or to act on an application for such , the denied shall have the right to appeal the denial within thirty days of receiving written notice of the denial. Such appeals shall be heard in as defined in section 482.300, and the 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 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:
3. The 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 the person shows he or she is entitled to the requested concealed carry permit, the court shall issue an to cause the of the concealed carry permit. Costs shall not be assessed against the sheriff unless the of the sheriff is determined by the judge to be .
5. Any by any rendered by a small claims court in a denial of a concealed carry permit appeal may have a right to as provided in sections 512.180 to 512.320.
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Source & history notes
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 28 to 32, A.L. 2013 S.B. 75)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.