Effective - 14 Oct 2016
*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:
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.
--------
(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.
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 571 - Weapons Offenses
Section 571.010 - Definitions.
Section 571.013 - Ownership of firearms records, closed records — violation, penalty.
Section 571.015 - Armed criminal action, offense of — penalty.
Section 571.030 - Unlawful use of weapons, offense of — exceptions — violation, penalties.
Section 571.037 - Open display of firearm permitted, when.
Section 571.045 - Defacing firearm, penalty.
Section 571.050 - Possession of defaced firearm, penalty.
Section 571.060 - Unlawful transfer of weapons, penalty.
Section 571.063 - Fraudulent purchase of a firearm, crime of — definitions — penalty — exceptions.
Section 571.070 - Possession of firearm unlawful for certain persons — penalty — exception.
Section 571.072 - Unlawful possession of an explosive weapon, offense of — penalty.
Section 571.080 - Transfer of concealable firearms.
Section 571.085 - Purchase in another state by Missouri residents, permitted when.
Section 571.087 - Purchase in Missouri by nonresident, permitted when.
Section 571.093 - Certain records closed to the public.
Section 571.095 - Confiscation of firearms and ammunition, when — exceptions.
Section 571.107 - Permit does not authorize concealed firearms, where — penalty for violation.
Section 571.114 - Denial of application, appeal procedures.
Section 571.155 - Regulation by municipalities permitted — no prohibition at shooting ranges.
Section 571.230 - Duty to carry permit — display of permit, when — citation for violation.