571.114. Denial of application, appeal procedures.
Denial of application, appeal procedures.
571.114. 1. In any case when the sheriff refuses to issue acertificate of qualification or to act on an application for suchcertificate, the denied applicant shall have the right to appeal the denialwithin thirty days of receiving written notice of the denial. Such appealsshall be heard in small claims court as defined in section 482.300, RSMo,and the provisions of sections 482.300, 482.310 and 482.335, RSMo, shallapply to such appeals.
2. A denial of or refusal to act on an application for a certificateof qualification may be appealed by filing with the clerk of the smallclaims court a copy of the sheriff's written refusal and a formsubstantially similar to the appeal form provided in this section. Appealforms shall be provided by the clerk of the small claims court free ofcharge to any person:
SMALL CLAIMS COURT In the Circuit Court of ..............................., Missouri ....................................................................,Denied Applicant
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vs. ) Case Number..................
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) .....................................................................,Sheriff Return Date .................
APPEAL OF A DENIAL OF CERTIFICATE OF QUALIFICATION
FOR A CONCEALED CARRY ENDORSEMENT
The denied applicant states that his or her properly completed applicationfor a certificate of qualification for a concealed carry endorsement wasdenied by the sheriff of .............. County, Missouri, without justcause. The denied applicant affirms that all of the statements in theapplication are true.
........................................., Denied Applicant
3. The notice of appeal in a denial of a certificate of qualificationfor a concealed carry endorsement appeal shall be made to the sheriff in amanner and form determined by the small claims court judge.
4. If at the hearing the person shows he or she is entitled to therequested certificate of qualification for a concealed carry endorsement,the court shall issue an appropriate order to cause the issuance of thecertificate of qualification for a concealed carry endorsement. Costsshall not be assessed against the sheriff unless the action of the sheriffis determined by the judge to be arbitrary and capricious.
5. Any person aggrieved by any final judgment rendered by a smallclaims court in a denial of a certificate of qualification for a concealedcarry endorsement appeal may have a right to trial de novo as provided insections 512.180 to 512.320, RSMo.
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 28 to 32)Effective 10-11-03; see § 21.250
*This bill was vetoed on July 3, 2003. The veto was overridden on September 11, 2003.