Missouri is a “shall issue” state when it comes to permits to carry concealed. By law, the sheriff shall issue a permit to an eligible citizen who applies for a Missouri CCW. Most often, denials occur due to a prior felony conviction or a prior felony charge to which a person pled guilty. An SIS, or Suspended Imposition Sentence, is not a criminal conviction in Missouri. It will, however, prevent you from getting a CCW.
Errors in Background Checks
Common errors found in background checks include incomplete information on a charge which was dismissed. If you had a felony charge filed against you which was later amended to a lesser charge or dismissed and the information is unclear in the background report, it could lead to an initial denial. You would need to gather certified court records and file an appeal.
Mistaken identity can also result in a denied permit application. I’ve had clients whose background information was confused with another person with the same name or with a similar name. Correcting a mistaken identity may require a review of court records and/or identifying information. Mistaken identities are frustrating, but corrections can be made with proper supporting documentation to clarify the error.
You could get denied due to an uncooperative sheriff. In one case, my client was denied his license due to a personal feud between himself and the sheriff. Personal conflict with the sheriff is not a legal reason for denying a permit.
You can appeal the decision of an unreasonable sheriff in court. Appeals need to be filed within 30 days after receiving written notice from the sheriff. Appeals are heard in the small claims court.
Other reasons for denials can include a pending felony charge or an active order of protection. Be sure to seek legal counsel if confronted with an order of protection. A full order of protection can temporarily cost you your gun rights.
Know your rights now to prevent a denied carry permit later. For more information about carrying in Missouri, contact U.S. LawShield to speak with your Independent Program Attorney.
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