571.117. Revocation procedure for ineligible certificate holders--sheriff's immunity from liability, when.
Revocation procedure for ineligible certificate holders--sheriff'simmunity from liability, when.
571.117. 1. Any person who has knowledge that another person, whowas issued a certificate of qualification for a concealed carry endorsementpursuant to sections 571.101 to 571.121, never was or no longer is eligiblefor such endorsement under the criteria established in sections 571.101 to571.121 may file a petition with the clerk of the small claims court torevoke that person's certificate of qualification for a concealed carryendorsement and such person's concealed carry endorsement. The petitionshall be in a form substantially similar to the petition for revocation ofconcealed carry endorsement provided in this section. Appeal forms shallbe provided by the clerk of the small claims court free of charge to anyperson:
SMALL CLAIMS COURT
In the Circuit Court of ..........................., Missouri ............................................................., PLAINTIFF
)
)
vs. ) Case Number ....................
)
) ............................................................, DEFENDANT, Carry Endorsement Holder ............................................................, DEFENDANT, Sheriff of Issuance
PETITION FOR REVOCATION
OF CERTIFICATE OF QUALIFICATION
OR CONCEALED CARRY ENDORSEMENT
Plaintiff states to the court that the defendant,............................................., has a certificate ofqualification or a concealed carry endorsement issued pursuant to sections571.101 to 571.121, RSMo, and that the defendant's certificate ofqualification or concealed carry endorsement should now be revoked becausethe defendant either never was or no longer is eligible for such acertificate or endorsement pursuant to the provisions of sections 571.101to 571.121, RSMo, specifically plaintiff states that defendant,.............., never was or no longer is eligible for such certificate orendorsement for one or more of the following reasons:
(CHECK BELOW EACH REASON THAT APPLIES TO THIS DEFENDANT) â ã Defendant is not at least twenty-three years of age. â ã Defendant is not a citizen of the United States. â ã Defendant had not resided in this state for at least six monthsprior to issuance of the permit and does not qualify as a military memberor spouse of a military member stationed in Missouri. â ã Defendant has pled guilty to or been convicted of a crime punishableby imprisonment for a term exceeding one year under the laws of any stateor of the United States other than a crime classified as a misdemeanorunder the laws of any state and punishable by a term of imprisonment of oneyear or less that does not involve an explosive weapon, firearm, firearmsilencer, or gas gun. â ã Defendant has been convicted of, pled guilty to or entered a plea ofnolo contendere to one or more misdemeanor offenses involving crimes ofviolence within a five-year period immediately preceding application for acertificate of qualification or concealed carry endorsement issued pursuantto sections 571.101 to 571.121, RSMo, or if the applicant has beenconvicted of two or more misdemeanor offenses involving driving while underthe influence of intoxicating liquor or drugs or the possession or abuse ofa controlled substance within a five-year period immediately precedingapplication for a certificate of qualification or a concealed carryendorsement issued pursuant to sections 571.101 to 571.121, RSMo. â ã Defendant is a fugitive from justice or currently charged in aninformation or indictment with the commission of a crime punishable byimprisonment for a term exceeding one year under the laws of any state ofthe United States other than a crime classified as a misdemeanor under thelaws of any state and punishable by a term of imprisonment of one year orless that does not involve an explosive weapon, firearm, firearm silencer,or gas gun. â ã Defendant has been discharged under dishonorable conditions from theUnited States armed forces. â ã Defendant is reasonably believed by the sheriff to be a danger toself or others based on previous, documented pattern. â ã Defendant is adjudged mentally incompetent at the time ofapplication or for five years prior to application, or has been committedto a mental health facility, as defined in section 632.005, RSMo, or asimilar institution located in another state, except that a person whoserelease or discharge from a facility in this state pursuant to chapter 632,RSMo, or a similar discharge from a facility in another state, occurredmore than five years ago without subsequent recommitment may apply. â ã Defendant failed to submit a completed application for a certificateof qualification or concealed carry endorsement issued pursuant to sections571.101 to 571.121, RSMo. â ã Defendant failed to submit to or failed to clear the requiredbackground check. â ã Defendant failed to submit an affidavit attesting that the applicantcomplies with the concealed carry safety training requirement pursuant tosubsection 1 of section 571.111, RSMo.
The plaintiff subject to penalty for perjury states that the informationcontained in this petition is true and correct to the best of theplaintiff's knowledge, is reasonably based upon the petitioner's personalknowledge and is not primarily intended to harass the defendant/respondentnamed herein.
.............................................................., PLAINTIFF
2. If at the hearing the plaintiff shows that the defendant was noteligible for the certificate of qualification or the concealed carryendorsement issued pursuant to sections 571.101 to 571.121, at the time ofissuance or renewal or is no longer eligible for a certificate ofqualification or the concealed carry endorsement issued pursuant to theprovisions of sections 571.101 to 571.121, the court shall issue anappropriate order to cause the revocation of the certificate ofqualification or concealed carry endorsement. Costs shall not be assessedagainst the sheriff.
3. The finder of fact, in any action brought against an endorsementholder pursuant to subsection 1 of this section, shall make findings offact and the court shall make conclusions of law addressing the issues atdispute. If it is determined that the plaintiff in such an action actedwithout justification or with malice or primarily with an intent to harassthe endorsement holder or that there was no reasonable basis to bring theaction, the court shall order the plaintiff to pay the defendant/respondentall reasonable costs incurred in defending the action including, but notlimited to, attorney's fees, deposition costs, and lost wages. Once thecourt determines that the plaintiff is liable to the defendant/respondentfor costs and fees, the extent and type of fees and costs to be awardedshould be liberally calculated in defendant/respondent's favor.Notwithstanding any other provision of law, reasonable attorney's feesshall be presumed to be at least one hundred fifty dollars per hour.
4. Any person aggrieved by any final judgment rendered by a smallclaims court in a petition for revocation of a certificate of qualificationor concealed carry endorsement may have a right to trial de novo asprovided in sections 512.180 to 512.320, RSMo.
5. The office of the county sheriff or any employee or agent of thecounty sheriff shall not be liable for damages in any civil action arisingfrom alleged wrongful or improper granting, renewing, or failure to revokea certificate of qualification or a concealed carry endorsement issuedpursuant to sections 571.101 to 571.121, so long as the sheriff acted ingood faith.
(L. 2003 H.B. 349, et al., § 571.094, subsecs. 33 to 37)Effective 10-11-03; see § 21.250
*This bill was vetoed on July 3, 2003. The veto was overridden on September 11, 2003.