724.21A Denial, suspension, or revocation of permit to carry weapons or permit to 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 orrevolvers, the sheriff or commissioner shall provide a written statement of the reasons forthe denial, suspension, or revocation and the applicant or permit holder shall have theright to appeal the denial, suspension, or revocation to an administrative law judge in thedepartment of inspections, appeals, and licensing within thirty days of receiving writtennotice 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 thatclearly states the applicant’s reasons rebutting the denial, suspension, or revocation alongwith a fee of ten dollars. Additional supporting information relevant to the proceedings mayalso be included. 3. The administrative law judge shall, within forty-five days of receipt of the request for an appeal, set a hearing Additional supporting information relevant to the proceedings mayalso be included. 3. The administrative law judge shall, within forty-five days of receipt of the request for an appeal, set a hearing date. The hearing may be held by telephone or video conferenceat the discretion of the administrative law judge. The administrative law judge shall receivewitness testimony and other evidence relevant to the proceedings at the hearing. The hearingshall be conducted pursuant to chapter 17A. 4. Upon conclusion of the hearing, the administrative law judge shall order that the denial, suspension, or revocation of the permit be either rescinded or sustained. An applicant, permitholder, or issuing officer aggrieved by the final judgment of the administrative law judgeshall have the right to judicial review in accordance with the terms of the Iowa administrativeprocedure 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 revocationconstituted probable cause to deny an application or to suspend or revoke a permit. 6. ng evidence that the issuing officer’s written statement of the reasons for the denial, suspension, or revocationconstituted 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 ofan adverse determination by the national instant criminal background check system, theapplicant or permit holder shall not seek relief under this section but may pursue relief ofthe 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 toacquire pistols or revolvers, and it is later determined on 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 toacquire pistols or revolvers, and it is later determined on appeal the applicant or permit holderis eligible to be issued or possess a permit to carry weapons or a permit to acquire pistolsor revolvers, the applicant or permit holder shall be awarded court costs and reasonableattorney fees. If the decision of the sheriff or commissioner to deny an application for orsuspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers isupheld on appeal, or the applicant or permit holder withdraws or dismisses the appeal, thepolitical subdivision of the state representing the sheriff or the state department representingthe commissioner shall be awarded court costs and reasonable attorney fees. 2010 Acts, ch 1178, §14, 19; 2017 Acts, ch 69, §26, 27; 2023 Acts, ch 19, §2038Referred to in §724.11, 724.13, 724.15Subsections 1 and 6 amended Sat Dec 23 12:32:16 2023 Iowa Code 2024, Section 724.21A (26, 1)
Iowa Legal Code