BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in federal district court asking for injunctive relief in a challenge of Missouri’s firearms prohibition on state residents who are or wish to be foster parents.
The legal action was filed in U.S. District Court for the Western District of Missouri’s Western Division. SAF is joined by James R. and Julie M. Attaway, a couple who are currently licensed foster care providers and are currently foster parents to one child. James has a concealed carry permit and the Attaways are allowed to possess firearms in Missouri. However, they are prohibited by Missouri Department of Social Services (MDSS) 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 acknowledged. “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.”
SAF is alleging that the Missouri regulations 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.
“We believe this is an unconstitutional provision in Missouri’s Code of State Regulations,” Gottlieb explained. “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.
“Without an injunction,” he stated, “the MDSS regulations would remain in effect, and other foster parents or would-be foster parents who own firearms will face the same dilemma as Mr. and Mrs. Attaway, no matter how highly qualified they would be to serve as foster parents.”