Miller v. Smith

Miller v. Smith

United States District Court for the Central District of Illinois

Previously: United States Court of Appeals for the Seventh Circuit – Docket No: 22-1482

Filed: April 16, 2018

Status: Active

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.

Case Team: David Sigale

Case Documents


To access all of the case documents at the District Court, please visit the docket.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Media