2018 Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 571 - Weapons Offenses
Section 571.225 Revocation, petition to revoke, when — revocation form — hearing — appeal — sheriff immune from liability, when.
Effective 14 Oct 2016, see footnote
Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 571*571.225. Revocation, petition to revoke, when — revocation form — hearing — appeal — sheriff immune from liability, when. — 1. Any person who has knowledge that another person, who was issued a Missouri lifetime or extended concealed carry permit under sections 571.205 to 571.230, never was or no longer is eligible for such permit under the criteria established in sections 571.205 to 571.230 may file a petition with the clerk of the small claims court to revoke that person’s Missouri lifetime or extended concealed carry permit. The petition shall be in a form substantially similar to the petition for revocation of a Missouri lifetime or extended concealed carry permit 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 | |||
| ______, PLAINTIFF | |||
| ) | |||
| ) | |||
| vs. | ) | Case Number ______ | |
| ) | |||
| ) | |||
| ______, DEFENDANT, | |||
| Lifetime or Extended Carry Permit Holder | |||
| ______, DEFENDANT, | |||
| Sheriff of Issuance | |||
| PETITION FOR REVOCATION OF A | |||
| MISSOURI LIFETIME OR EXTENDED CONCEALED CARRY PERMIT | |||
| Plaintiff states to the court that the defendant, ______, has a Missouri lifetime or extended concealed carry permit issued pursuant to sections 571.205 to 571.230, RSMo, and that the defendant’s Missouri lifetime or extended concealed carry permit should now be revoked because the defendant either never was or no longer is eligible for such a permit pursuant to the provisions of sections 571.205 to 571.230, RSMo, specifically plaintiff states that defendant, ______, never was or no longer is eligible for such permit or endorsement for one or more of the following reasons: | |||
| (CHECK BELOW EACH REASON THAT APPLIES TO THIS DEFENDANT) | |||
| ☐ | Defendant is not at least nineteen years of age or at least eighteen years of age and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces. | ||
| ☐ | Defendant is not a citizen or permanent resident of the United States. | ||
| ☐ | Defendant had not resided in this state prior to issuance of the permit or is not a current resident of this state. | ||
| ☐ | Defendant has pled guilty to or been convicted of a crime punishable by imprisonment for a term exceeding two years under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun. | ||
| ☐ | Defendant has been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a Missouri lifetime or extended concealed carry permit issued pursuant to sections 571.205 to 571.230, RSMo, or the defendant has been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a concealed carry permit issued pursuant to sections 571.205 to 571.230, RSMo. | ||
| ☐ | Defendant is a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun. | ||
| ☐ | Defendant has been discharged under dishonorable conditions from the United States Armed Forces. | ||
| ☐ | Defendant is reasonably believed by the sheriff to be a danger to self or others based on previous, documented pattern. | ||
| ☐ | Defendant is adjudged mentally incompetent at the time of application or for five years prior to application, or has been committed to a mental health facility, as defined in section 632.005, RSMo, or a similar institution located in another state, except that a person whose release or discharge from a facility in this state pursuant to chapter 632, RSMo, or a similar discharge from a facility in another state, occurred more than five years ago without subsequent recommitment may apply. | ||
| ☐ | Defendant failed to submit a completed application for a concealed carry permit issued pursuant to sections 571.205 to 571.230, RSMo. | ||
| ☐ | Defendant failed to submit to or failed to clear the required background check. (Note: This does not apply if the defendant has submitted to a background check and been issued a provisional permit pursuant to subdivision (2) of subsection 6 of section 571.205, RSMo, and the results of the background check are still pending.) | ||
| ☐ | Defendant failed to submit an affidavit attesting that the applicant complies with the concealed carry safety training requirement pursuant to subsections 1 and 2 of section 571.111, RSMo. | ||
| ☐ | Defendant is otherwise disqualified from possessing a firearm pursuant to 18 U.S.C. Section 922(g) or section 571.070, RSMo, because ______ (specify reason): | ||
| The plaintiff subject to penalty for perjury states that the information contained in this petition is true and correct to the best of the plaintiff’s knowledge, is reasonably based upon the petitioner’s personal knowledge and is not primarily intended to harass the defendant/respondent named herein. | |||
| __________________, PLAINTIFF |
2. If at the hearing the plaintiff shows that the defendant was not eligible for the Missouri lifetime or extended concealed carry permit issued under sections 571.205 to 571.230 at the time of issuance or renewal or is no longer eligible for a Missouri lifetime or extended concealed carry permit the court shall issue an appropriate order to cause the revocation of the Missouri lifetime or extended concealed carry permit. Costs shall not be assessed against the sheriff.
3. The finder of fact, in any action brought against a permit holder under subsection 1 of this section, shall make findings of fact and the court shall make conclusions of law addressing the issues at dispute. If it is determined that the plaintiff in such an action acted without justification or with malice or primarily with an intent to harass the permit holder or that there was no reasonable basis to bring the action, the court shall order the plaintiff to pay the defendant/respondent all reasonable costs incurred in defending the action including, but not limited to, attorney’s fees, deposition costs, and lost wages. Once the court determines that the plaintiff is liable 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. Notwithstanding any other provision of law, reasonable attorney’s fees shall be presumed to be at least one hundred fifty dollars per hour.
4. Any person aggrieved by any final judgment rendered by a small claims court in a petition for revocation of a Missouri lifetime or extended concealed carry permit may have a right to trial de novo as provided in sections 512.180 to 512.320.
5. The office of the county sheriff or any employee or agent of the county sheriff shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, renewing, or failure to revoke a Missouri lifetime or extended concealed carry permit issued under sections 571.205 to 571.230 so long as the sheriff acted in good faith.
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(L. 2016 S.B. 656)
*Effective 10-14-16, see § 21.250. S.B. 656 was vetoed June 27, 2016. The veto was overridden on September 14, 2016.
