The Illinois Department of Children and Family Services (IDCFS) maintains a policy that prohibits otherwise qualified Illinois residents who are or wish to be day care home licensees from possessing firearms. The IDCFS policy also substantially prohibits licensed foster parents from the possession and carry of firearms.
As the Supreme Court has already stated in Heller and McDonald, the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation,” and is “fully applicable against the States”. As such, the IDCFS policy prohibiting day care home licensees and foster parents from possessing firearms cannot pass constitutional muster.
On April 16, 2018, the Second Amendment Foundation, along with two individuals, and two advocacy groups filed suit, challenging the constitutionality of IDCFS’ policy. The lawsuit seeks a declaration that the policy violates Plaintiffs’ Second and Fourteenth Amendment rights and an injunction against the enforcement of the policy.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: David Sigale
Recent Docket Activity
February 13th, 2023
Mandate issued. No record to be returned. [62] [7290731] [22-1482] [Entered: 02/13/2023 08:49 AM]
February 13th, 2023
FOR COURT USE ONLY: Certified copy of 01/20/2023 Nonprecedential Disposition and Judgment with Mandate sent to the District Court Clerk. [7290732-2] [7290732] [22-1482] [Entered: 02/13/2023 08:52 AM]
January 20th, 2023
Filed Nonprecedential Disposition PER CURIAM. We VACATE the district court’s grant of summary judgment for the State of Illinois and REMAND for further proceedings consistent with the order. Joel M. Flaum, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Michael B. Brennan, Circuit Judge. [60] [7286220] [22-1482] [Entered: 01/20/2023 02:54 PM]
January 20th, 2023
ORDER: Final judgment filed per nonprecedential disposition. Costs should be borne by both sides. [61] [7286228] [22-1482] [Entered: 01/20/2023 03:08 PM]
January 5th, 2023
Case heard and taken under advisement by panel: Joel M. Flaum, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Michael B. Brennan, Circuit Judge. [58] [7282919] [22-1482] [Entered: 01/05/2023 02:01 PM]
January 5th, 2023
Case argued by Joseph Masterman for Appellants Second Amendment Foundation, Incorporated, Illinois State Rifle Association, Jennifer J. Miller, Darin E. Miller and Illinois Carry and Ms. Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith. [59] [7282921] [22-1482] [Entered: 01/05/2023 02:02 PM]
December 27th, 2022
Received argument confirmation per argument email form for Attorney Ms. Sarah A. Hunger for Appellees Kwame Raoul and Marc D. Smith. [56] [7281295] [22-1482] [Entered: 12/27/2022 08:20 AM]
