A foster parent couple is suing the state of Missouri, claiming that fostering regulations violate their right to carry loaded firearms for self-defense.
The Kansas City couple claimed they could lose their foster child even if they do not violate laws on firearms because foster regulations place extra conditions that they say are at odds with their Second Amendment rights.
James and Julie Attaway are currently fostering a child alongside their own biological children.
The couple filed the lawsuit together with the Second Amendment Foundation (SAF), in the U.S. District Court for the Western District of Missouri’s Western Division.
“The Attaways are fearful of losing their foster son if they complain or do not comply with the policies,” said the lawsuit, filed on Jan. 16.
They must also be kept in a locked area in any vehicle transporting a foster child.
Familiar Ground
“We were not allowed to continue with the licensing process until we agreed to abide by the department’s firearm policy while foster children were placed in our care. We ultimately agreed and finished our licensing process, and while having a foster child in our home, we have had to abide by these unconstitutional policies for fear of losing our foster care license,” Attaway continued.“As parents of biological children and foster children, one of our top priorities is to provide a safe, loving place for them to grow and develop,” he said.
The couple was joined in the lawsuit by the Second Amendment Foundation (SAF), which has been involved in similar legal challenges in other states in recent years.
“We believe this is an unconstitutional provision in Missouri’s Code of State Regulations,” he added. “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.”
Rules of Department of Social Services (Missouri) Division 35—Children’s Division Chapter 60—Licensing of Foster Family Homes
(4) Weapons Requirements.(A) Any and all firearms and ammunition shall be stored so as to be inaccessible to children. Foster parents shall store ammunition separately from any weapons. Firearms and ammunition shall be stored in locked areas or cabinets with keys secured so as to be inaccessible to children.
(B) No firearms shall be kept in any vehicle transporting (unless weapons are inaccessible to the foster child—i.e., in a locked glove box or other locked container or in the trunk of the vehicle) or on any person providing care or supervision to foster children. (An exception will be made for any person transporting a foster child who must carry a weapon as part of their job responsibilities— i.e., law enforcement officers.) No firearms possessed in violation of a state or federal law or a local government ordinance shall be present at any time in the home, on any household member, or in any vehicle in which the children are riding.
(C) Weapons storage shall be made available for external viewing by Children’s Division staff in order to assure weapons are inaccessible to children.
Friends Read Free