This text of Iowa § 724.21A (Denial, suspension, or revocation of permit to carry weapons or permit to acquire pistols or revolvers) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
acquire pistols or revolvers.
1.In any case where the sheriff or the commissioner of public safety denies an application
for or suspends or revokes a permit to carry weapons or a permit to acquire pistols or
revolvers, the sheriff or commissioner shall provide a written statement of the reasons for
the denial, suspension, or revocation and the applicant or permit holder shall have the
right to appeal the denial, suspension, or revocation to an administrative law judge in the
department of inspections, appeals, and licensing within thirty days of receiving written
notice of the denial, suspension, or revocation.
2.The applicant or permit holder may file an appeal with an administrative law judge
by filing a copy of the denial, suspension, or revocation notice with a written statement that
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acquire pistols or revolvers.
1. In any case where the sheriff or the commissioner of public safety denies an application
for or suspends or revokes a permit to carry weapons or a permit to acquire pistols or
revolvers, the sheriff or commissioner shall provide a written statement of the reasons for
the denial, suspension, or revocation and the applicant or permit holder shall have the
right to appeal the denial, suspension, or revocation to an administrative law judge in the
department of inspections, appeals, and licensing within thirty days of receiving written
notice of the denial, suspension, or revocation.
2. The applicant or permit holder may file an appeal with an administrative law judge
by filing a copy of the denial, suspension, or revocation notice with a written statement that
clearly states the applicant’s reasons rebutting the denial, suspension, or revocation along
with a fee of ten dollars. Additional supporting information relevant to the proceedings may
also be included.
3. Theadministrativelawjudgeshall, withinforty-fivedaysofreceiptoftherequestforan
appeal, set a hearing date. The hearing may be held by telephone or video conference at the
discretion of the administrative law judge. The administrative law judge shall receive witness
testimony and other evidence relevant to the proceedings at the hearing. The hearing shall
be conducted pursuant to chapter 17A.
4. Uponconclusionofthehearing,theadministrativelawjudgeshallorderthatthedenial,
suspension, orrevocationofthepermitbeeitherrescindedorsustained. Anapplicant, permit
holder, or issuing officer aggrieved by the final judgment of the administrative law judge
shall have the right to judicial review in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A.
5. The standard of review under this section shall be clear and convincing evidence that
the issuing officer’s written statement of the reasons for the denial, suspension, or revocation
constituted probable cause to deny an application or to suspend or revoke a permit.
6. The department of inspections, appeals, and licensing shall adopt rules pursuant to
chapter 17A as necessary to carry out the provisions of this section.
7. In any case where the issuing officer denies an application for, or suspends or revokes
a permit to carry weapons or a permit to acquire pistols or revolvers solely because of
an adverse determination by the national instant criminal background check system, the
applicant or permit holder shall not seek relief under this section but may pursue relief of
the national instant criminal background check system determination pursuant to Pub. L.
No. 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other applicable law.
The outcome of such proceedings shall be binding on the issuing officer.
8. If an applicant or permit holder appeals the decision by the sheriff or commissioner
to deny an application for or suspend or revoke a permit to carry weapons or a permit to
acquirepistolsorrevolvers,anditislaterdeterminedonappealtheapplicantorpermitholder
is eligible to be issued or possess a permit to carry weapons or a permit to acquire pistols
or revolvers, the applicant or permit holder shall be awarded court costs and reasonable
attorney fees. If the decision of the sheriff or commissioner to deny an application for or
suspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers is
upheld on appeal, or the applicant or permit holder withdraws or dismisses the appeal, the
political subdivision of the state representing the sheriff or the state department representing
the commissioner shall be awarded court costs and reasonable attorney fees.