§134-9  Licenses to carry.  (a)  In anexceptional case, when an applicant shows reason to fear injury to theapplicant's person or property, the chief of police of the appropriate countymay grant a license to an applicant who is a citizen of the United States ofthe age of twenty-one years or more or to a duly accredited officialrepresentative of a foreign nation of the age of twenty-one years or more tocarry a pistol or revolver and ammunition therefor concealed on the personwithin the county where the license is granted.  Where the urgency or the needhas been sufficiently indicated, the respective chief of police may grant to anapplicant of good moral character who is a citizen of the United States of theage of twenty-one years or more, is engaged in the protection of life andproperty, and is not prohibited under section 134-7 from the ownership orpossession of a firearm, a license to carry a pistol or revolver and ammunitiontherefor unconcealed on the person within the county where the license isgranted.  The chief of police of the appropriate county, or the chief'sdesignated representative, shall perform an inquiry on an applicant by usingthe National Instant Criminal Background Check System, to include a check ofthe Immigration and Customs Enforcement databases where the applicant is not acitizen of the United States, before any determination to grant a license ismade.  Unless renewed, the license shall expire one year from the date ofissue.

(b)  The chief of police of each county shalladopt procedures to require that any person granted a license to carry aconcealed weapon on the person shall:

(1)  Be qualified to use the firearm in a safe manner;

(2)  Appear to be a suitable person to be so licensed;

(3)  Not be prohibited under section 134-7 from theownership or possession of a firearm; and

(4)  Not have been adjudged insane or not appear to bementally deranged.

(c)  No person shall carry concealed orunconcealed on the person a pistol or revolver without being licensed to do sounder this section or in compliance with sections 134-5(c) or 134-25.

(d)  A fee of $10 shall be charged for eachlicense and shall be deposited in the treasury of the county in which thelicense is granted. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997,c 254, §§2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3and c 66, §3; am L 2007, c 9, §8]

 

Case Notes

 

  Where plaintiff asserted that §§134-6 and 134-9 violatedrights guaranteed by Article I and the Second, Fifth, Ninth, and FourteenthAmendments of the U.S. Constitution, defendants' motions to dismiss plaintiff'scomplaint granted; among other things, plaintiff did not have standing tochallenge this chapter on the basis of an alleged deprivation of SecondAmendment or Ninth Amendment rights, this chapter is not an impermissible billof attainder with respect to plaintiff, and this chapter imposes no impairmentof a contractual right possessed by plaintiff.  548 F. Supp. 2d 1151.

  Mentioned:  74 H. 197, 840 P.2d 374.