Revocation procedure for ineligible permit holders
Anyone who knows that a person with a concealed carry permit should not have one can file a complaint in small claims court to get that permit taken away. A judge will look at the case and can cancel the permit if the person was never eligible or is no longer eligible. If the person who filed the complaint had no good reason for doing so, or was trying to harass the permit holder, the court can make that person pay the permit holder's legal costs. A sheriff's office cannot be sued for money damages over how it handled a concealed carry permit, as long as the sheriff acted in good faith.
*571.117. procedure for ineligible s — sheriff's , when. — 1. Any person who has knowledge that another person, who was d a sections 571.101 to 571.121, or prior to August 28, 2013, never was or no longer is eligible for such permit or under the criteria established in sections 571.101 to 571.121 may file a with the clerk of the to that person's concealed carry permit or endorsement. The petition shall be in a form substantially similar to the petition for revocation of concealed carry permit or endorsement provided in this section. forms shall be provided by the clerk of the small claims court free of charge to any person:
2. If at the the shows that the was not eligible for the concealed carry permit issued pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to August 28, 2013, at the time of or renewal or is no longer eligible for a concealed carry permit or the concealed carry endorsement, the court shall issue an to cause the revocation of the concealed carry permit and, if applicable, the concealed carry endorsement. Costs shall not be assessed against the sheriff.
3. The , in any brought against a permit or endorsement holder pursuant to 1 of this section, shall make and the court shall make addressing the issues at dispute. If it is determined that the plaintiff in such an action acted without or with or primarily with an intent to harass the permit or endorsement holder or that there was no reasonable basis to bring the action, the court shall order the plaintiff to pay the defendant/ all reasonable costs incurred in defending the action including, but not limited to, , , and lost wages. Once the court that the plaintiff is to the defendant/respondent for costs and fees, the extent and type of fees and costs to be awarded should be liberally calculated in defendant/respondent's favor. , reasonable attorney's fees shall be to be at least one hundred fifty dollars per hour.
4. Any by any rendered by a small claims court in a petition for revocation of a concealed carry permit or concealed carry endorsement may have a right to as provided in sections 512.180 to 512.320.
5. The office of the county sheriff or any employee or of the county sheriff shall not be liable for in any arising from alleged wrongful or improper granting, renewing, or failure to revoke a concealed carry permit issued pursuant to sections 571.101 to 571.121, or a for a concealed carry endorsement issued prior to August 28, 2013, so long as the sheriff acted .
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Source & history notes
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 33 to 37, A.L. 2011 H.B. 294, et al., A.L. 2012 H.B. 1647, A.L. 2013 S.B. 75, A.L. 2014 S.B. 656) *Effective 10-10-14, see § 21.250. S.B. 656 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.