CCRKBA APPLAUDS WISCONSIN RULING IN FOSTER PARENT 2A CASE

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms applauds the Wisconsin Court of Appeals for its decision in the case of Laffery v. Pertl, explaining that plaintiffs Brian and Katie Lafferty did not waive their Second Amendment rights by voluntarily serving as foster parents.

Writing for the Court, Judge Maria Lazar observed, “(W)e conclude the Laffertys did not waive their constitutional rights by volunteering to serve as foster parents. We further conclude the disclosure requirement and discovery demands were overly broad and impermissible. However, we also conclude the most recent rule change eliminates some of the Laffertys’ complaints, especially with respect to concealed carry and storage requirements. We also conclude the requirement that foster parents’ firearms be stored unloaded as a condition of obtaining a foster parent license violates both the federal and state constitutions and must be struck from the administrative rule.”

“This is not the first time we’ve seen foster parents facing unfair, and ultimately unconstitutional, restrictions on their Second Amendment rights,” said CCRKBA Chairman Alan Gottlieb. “Each time a court rules on this issue, correcting state agency overreach, the rights of law-abiding citizens who are also foster parents are strengthened that much more.

“We’re happy that Judge Lazar noted how Washington Count has repealed its old administrative rule regarding lawful concealed carry by foster parents,” he continued, “and that several storage requirements are now moot. Nobody should be expected to essentially surrender their Second Amendment rights in order to be a foster parent, providing a stable and safe environment for youngsters under their care.

“The Court also recognized that ‘the Wisconsin Department of Children and Families (DCF) and Washington County Human Services Department (the County) have dithered, moved the goal posts, and changed the rules of the game every step along the way,” Gottlieb observed. “We have seen bureaucracies stubbornly try to defend policies which are indefensible. This time, the Appeals Court put the brakes on such conduct, and we’re proud of the Laffertys for fighting this battle for as long as they did.”