Carr v. Sheriff of Clay County

HAROLD L. LOWENSTEIN, Judge.

Facts and PROCEDURAL History

In 1983, Douglas R. Carr (“Carr”) pled guilty to second-degree burglary and received a suspended imposition of sentence under Section 557.011.2(3). Second degree burglary is a class C felony punishable by incarceration for up to seven years. In July 2004, Carr applied for a permit to acquire a concealable weapon under Section 571.090, RSMo.2000. The respondent, the Clay County Sheriff (“Sheriff’) denied Carr’s application based on Carr’s 1983 guilty plea. Subsection 1.(2) of the statute, set out infra, allows a denial if the appellant…