State sued for suspending 2nd Amendment for foster parents

By WND Staff



In a battle that is erupting more and more these days, a couple has been joined by the Second Amendment Foundation in a lawsuit against Missouri officials for their attempt to suspend the Second Amendment rights of foster parents.

The complaint is on behalf of SAF and James and Julie Attaway and names as a defendant Steve Corsi, the director of the Missouri social services agency.

There have been at least three or four identical disputes that already have been brought to the attention of courts in other states.

The Missouri case asks for injunctive relief to Missouri’s firearms prohibition on state residents who are or wish to be foster parents.

Filed in U.S. District Court for the Western District of Missouri’s Western Division, the case explains the Attaways currently are licensed foster care providers and foster parents to one child. They have two other children.

James has a concealed carry permit and the Attaways are allowed to possess firearms in Missouri, SAF explained, but they are prohibited by Missouri Department of Social Services policy from possessing loaded, functional firearms in their home while they are foster parents.

“This is familiar ground for us,” SAF founder and Executive Vice President Alan M. Gottlieb said, “We have successfully challenged similar regulations in other states when we find them, because there is a significant question about the constitutionality of such prohibitions.”

The case claims the Missouri rules “amount to deprivation of civil rights under color of law.”

The lawsuit challenges the restrictions because they essentially prohibit the exercise of rights and privileges of possessing and carrying firearms for personal and family protection based solely on the Attaways’ status as foster parents, SAF said.

“We believe this is an unconstitutional provision in Missouri’s Code of State Regulations,” Gottlieb said. “It is important for the court to take action to protect the rights of Missouri residents who open their homes and hearts to foster children for whom they wish to provide a stable environment.”

He said without an injunction the rules will present the same problem to other foster parents or those who want to be.

The court filing explains the Second Amendment guarantees the individual right to possess and carry weapons, and that is fully applicable to the states.

However, the state rules simply suspend that constitutional right.

“As the plaintiffs only seek to be treated the same as other law-abiding Missouri residents, the Second Amendment renders a ban such as that challenged in his action, impermissible,” it says.

The case cites the “irreparable injury” caused by a state violation of constitutional rights, and seeks injunctive relief.

WND reported last year on the same fight going on in Michigan. There state officials said weapons owned by foster parents must be inoperable.

And WND reported earlier when a federal judge took the side of the Constitution in a similar dispute in the state of Illinois.

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