s 13-3112. Permit to carry concealed weapon;  violation;  classification;
   qualification;  application training program;  program instructors;  report

  A. The department of public safety shall issue a permit to carry a concealed
 weapon to a person who is qualified under this section.  The person shall carry
 the permit at all times when the person is in actual possession of the
 concealed weapon and shall present the permit for inspection to any law
 enforcement officer on request.
  B. A permittee who fails to carry the permit at all times that the person is
 in actual possession of a concealed weapon may have the permit suspended.  The
 department shall be notified of all violations of this section and shall
 immediately suspend the permit.  The permittee shall present the permit to the
 law enforcement agency or the court.  On notification of the presentation of
 the permit, the department shall restore the permit.
  C. A permittee who is arrested or indicted for an offense that would make the
 person unqualified under the provisions of s 13-3101, paragraph 6 or this
 section shall be immediately suspended and the permit seized.  A permittee who
 becomes unqualified on conviction of such offense shall have the permit
 revoked.  A permittee who is adjudicated not guilty or if the charges are
 dismissed, shall have the permit restored on presentation of documentation from
 the court.  A permittee who has the charges dropped or dismissed shall have the
 permit restored on presentation of documentation from the county attorney.
  D. A person who fails to present a permit for inspection on the request of a
 law enforcement officer is guilty of a class 2 misdemeanor.
  E. The department of public safety shall issue a permit to an applicant who
 meets all of the following conditions:
  1. Is a resident of this state.
  2. Is twenty-one years of age or older.
  3. Is not under indictment for and has not been convicted in any jurisdiction
 of a felony.
  4. Does not suffer from mental illness and has not been adjudicated mentally
 incompetent or committed to a mental institution.
  5. Is not unlawfully present in the United States.
  6. Satisfactorily completes a firearms safety training program approved by the
 department of public safety pursuant to subsection N of this section.  This
 paragraph does not apply to a person who has honorably retired as a federal,
 state or local peace officer with a minimum of ten years of service.
  F. The application shall be completed on a form prescribed by the department
 of public safety.  The form shall not require the applicant to disclose the
 type of firearm for which a permit is sought.  The applicant shall attest under
 penalty of perjury that all of the statements made by the applicant are true.
 The applicant shall submit the application to the department with a certificate
 of completion from an approved firearms safety training program, two sets of
 fingerprints and a reasonable fee determined by the director of the department.
  G. On receipt of an application, the department of public safety shall conduct
 a check of the applicant's criminal history record pursuant to s 41-1750.  The
 department of public safety may exchange fingerprint card information with the
 federal bureau of investigation for national criminal history records checks.
  H. The department of public safety shall complete all of the required
 qualification checks within sixty days after receipt of the application and
 shall issue a permit within fifteen working days after completing the
 qualification checks if the applicant meets all of the conditions specified in
 subsection E of this section.  If a permit is denied, the department of public
 safety shall notify the applicant in writing within fifteen working days after
 the completion of all of the required qualification checks and shall state the
 reasons why the application was denied.  On receipt of the notification of the
 denial, the applicant has twenty days to submit any additional documentation to
 the department.  On receipt of the additional documentation, the department
 shall reconsider its decision and inform the applicant within twenty days of
 the result of the reconsideration.  If denied, the applicant shall be informed
 of the right to appeal to the superior court.
  I. On issuance, a permit is valid for a period of not more than four years.
  J. The department of public safety shall maintain a computerized permit record
 system that is accessible to criminal justice agencies for the purpose of
 confirming the permit status of any person who claims to hold a valid permit.
 This information shall not be available to any other person or entity except
 upon order from a state or federal court.
  K. A permit issued pursuant to this section is renewable every four years.
 Before a permit may be renewed, a criminal history record check shall be
 conducted pursuant to s 41-1750, subsection G within sixty days after receipt
 of the application for renewal.
  L. Applications for renewal shall be accompanied by a fee determined by the
 director of the department of public safety.  A certificate of completion of a
 four-hour refresher firearms safety training program approved by the director
 of the department is required before a renewal permit may be issued and shall
 accompany an application for renewal.
  M. The department of public safety shall suspend or revoke a permit issued
 under this section if the permit holder becomes ineligible pursuant to
 subsection E of this section.  The department of public safety shall notify the
 permit holder in writing within fifteen working days after the revocation or
 suspension and shall state the reasons for the revocation or suspension.
  N. An organization shall apply to the department of public safety for approval
 of its firearms safety training program.  The department shall approve a
 program that meets the following requirements:
  1. Is at least sixteen hours in length.
  2. Is conducted on a pass or fail basis.
  3. Addresses all of the following topics in a format approved by the director
 of the department:
  (a) Legal issues relating to the use of deadly force.
  (b) Weapon care and maintenance.
 (c) Mental conditioning for the use of deadly force.
  (d) Safe handling and storage of weapons.
  (e) Marksmanship.
  (f) Judgmental shooting.
  4. Is conducted by instructors who submit to a background investigation,
 including a check for warrants and a criminal history record check.
  O. If approved pursuant to subsection N of this section, the organization
 shall submit two sets of fingerprints from each instructor and a fee to the
 department pursuant to s 41-1750.  The department of public safety may exchange
 this fingerprint card information with the federal bureau of investigation for
 national criminal history records checks.
  P. The proprietary interest of all approved instructors and programs shall be
 safeguarded and the contents of any training program shall not be disclosed to
 any person or entity other than a bona fide criminal justice agency, except
 upon an order from a state or federal court.
  Q. If the department of public safety rejects a program, the rejected
 organization may appeal the decision to the director of the department.  On an
 appeal, the director of the department shall designate another person or
 persons other than the original reviewer to conduct a hearing.  The decision of
 the hearing officer or officers hearing the appeal is final on the concurrence
 and signature of the director.  The department shall mail written notice of the
 decision of the hearing officer or officers to the appellant within five
 working days after the decision.  The notice is considered served on mailing.
  R. The department of public safety shall maintain information comparing the
 number of permits requested, the number of permits issued and the number of
 permits denied.  The department shall annually report this information to the
 governor and the legislature.
  S. The director of the department of public safety shall adopt rules for the
 purpose of implementing and administering the concealed weapons permit program.