(1)Within ninety
days after the date of receipt of the items specified in section 18-12-205, a sheriff
shall:
(a)Approve the permit application and issue the permit; or
(b)Deny the permit application based solely on the ground that the applicant
fails to qualify under the criteria listed in section 18-12-203 (1) or that the applicant
would be a danger as described in section 18-12-203 (2). If the sheriff denies the
permit application, he or she shall notify the applicant in writing, stating the
grounds for denial and informing the applicant of the right to seek a second review
of the application by the sheriff, to submit additional information for the record, and
to seek judicial review pursuant to section 18-12-207.
(2)If the sheriff does not receive the results of the fing
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(1) Within ninety
days after the date of receipt of the items specified in section 18-12-205, a sheriff
shall:
(a) Approve the permit application and issue the permit; or
(b) Deny the permit application based solely on the ground that the applicant
fails to qualify under the criteria listed in section 18-12-203 (1) or that the applicant
would be a danger as described in section 18-12-203 (2). If the sheriff denies the
permit application, he or she shall notify the applicant in writing, stating the
grounds for denial and informing the applicant of the right to seek a second review
of the application by the sheriff, to submit additional information for the record, and
to seek judicial review pursuant to section 18-12-207.
(2) If the sheriff does not receive the results of the fingerprint checks
conducted by the bureau and by the federal bureau of investigation within ninety
days after receiving a permit application, the sheriff shall determine whether to
grant or deny the permit application without considering the fingerprint check
information. If, upon receipt of the information, the sheriff finds that the permit was
issued or denied erroneously, based on the criteria specified in section 18-12-203 (1)
and (2), the sheriff shall either revoke or issue the permit, whichever is appropriate.
(3) (a) Each sheriff shall maintain a list of the persons to whom he or she
issues permits pursuant to this part 2. Upon request by another criminal justice
agency for law enforcement purposes, the sheriff may, at his or her discretion,
share information from the list of permittees with a law enforcement agency for the
purpose of determining the validity of a permit. A database maintained pursuant to
this subsection (3) and any database operated by a state agency that includes
permittees shall be searchable only by name.
(b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (3),
on and after July 1, 2011, a sheriff shall not share information from the list of
permittees with a law enforcement agency for the purpose of creating a statewide
database of permittees, and any law enforcement agency that receives information
concerning permittees from a sheriff shall not use the information to create or
maintain a statewide database of permittees. Any information concerning a
permittee that is included in a statewide database pursuant to paragraph (a) of this
subsection (3) shall be removed from the database no later than July 1, 2011.
(II) Repealed.
(c) Except for suspected violations of sections 18-12-105 and 18-12-105.5, a
peace officer may not use or search a database of permittees maintained by a law
enforcement agency to establish reasonable suspicion for a traffic stop, or when
contacting an individual, to justify probable cause for a search or seizure of a
person or a person's vehicle or property.
(4) Each sheriff shall annually prepare a report specifying, at a minimum, the
number of permit applications received during the year for which the report was
prepared, the number of permits issued during the year, the number of permits
denied during the year, the reasons for denial, the number of revocations during the
year, and the reasons for the revocations. The report shall not include the name of a
person who applies for a permit, regardless of whether the person receives or is
denied a permit. Each sheriff shall submit the report on or before March 1, 2004,
and on or before March 1 each year thereafter, to the members of the general
assembly. In addition, each sheriff shall provide a copy of the annual report
prepared pursuant to this subsection (4) to a member of the public upon request.