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SAF Sues Illinois Over Foster Parents' Civil Rights


kwc

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If you're negligent in securing your firearms, then that's an entirely separate issue and DCFS needs to get involved if the couple has children. Period. I do not advocate reckless storage, propping up a rifle against a wall, placing a loaded pistol on a night stand or in the drawer. They cannot make a blanket "Well, you own guns, so you're probably an idiot who doesn't keep them in a safe, so we'll just make some idiotic law...." The road to heck is paved with good intentions.

 

I agree, there is a public safety issue here but they cannot just say "you own guns, bad parents." Bare minimum the provision is unconstitutional as applied, due to the simple fact that both parents hold occupational licenses (the mother is a state employee) and the father is also a firearms instructor. The state claiming that the couple cannot have a foster child because the kid "might" break into a gun safe is ludicrous. I have a child and I store all of my firearms accordingly. She can't get into anything....yet. But she will, and I'm ready for it. Unfortunately this case arises from irresponsible gun owners, parents, mucking it up for the rest of us.

 

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Get the foster kids FOID cards. Put the foster kids who get FOID's into homes of gun owners and those that cannot get FOID's ( disqualified ) to non gun owning families. /light purple

 

Would the ISP even process a FOID application for a foster child? Is a foster parent a legal guardian or is the state still the guardian?

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If you're negligent in securing your firearms, then that's an entirely separate issue and DCFS needs to get involved if the couple has children. Period. I do not advocate reckless storage, propping up a rifle against a wall, placing a loaded pistol on a night stand or in the drawer. They cannot make a blanket "Well, you own guns, so you're probably an idiot who doesn't keep them in a safe, so we'll just make some idiotic law...." The road to heck is paved with good intentions.

I agree, there is a public safety issue here but they cannot just say "you own guns, bad parents." Bare minimum the provision is unconstitutional as applied, due to the simple fact that both parents hold occupational licenses (the mother is a state employee) and the father is also a firearms instructor. The state claiming that the couple cannot have a foster child because the kid "might" break into a gun safe is ludicrous. I have a child and I store all of my firearms accordingly. She can't get into anything....yet. But she will, and I'm ready for it. Unfortunately this case arises from irresponsible gun owners, parents, mucking it up for the rest of us.

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Get the foster kids FOID cards. Put the foster kids who get FOID's into homes of gun owners and those that cannot get FOID's ( disqualified ) to non gun owning families. /light purple

 

 

 

Would the ISP even process a FOID application for a foster child? Is a foster parent a legal guardian or is the state still the guardian?

 

 

Can the foster parents sign a permission slip for a field trip or a jumping excursion at one of those trampoline parks. If they can't sign as a legal guardian then any of the previously mentioned would be a fraud.

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If you're negligent in securing your firearms, then that's an entirely separate issue and DCFS needs to get involved if the couple has children. Period. I do not advocate reckless storage, propping up a rifle against a wall, placing a loaded pistol on a night stand or in the drawer. They cannot make a blanket "Well, you own guns, so you're probably an idiot who doesn't keep them in a safe, so we'll just make some idiotic law...." The road to heck is paved with good intentions.

I agree, there is a public safety issue here but they cannot just say "you own guns, bad parents." Bare minimum the provision is unconstitutional as applied, due to the simple fact that both parents hold occupational licenses (the mother is a state employee) and the father is also a firearms instructor. The state claiming that the couple cannot have a foster child because the kid "might" break into a gun safe is ludicrous. I have a child and I store all of my firearms accordingly. She can't get into anything....yet. But she will, and I'm ready for it. Unfortunately this case arises from irresponsible gun owners, parents, mucking it up for the rest of us.

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Get the foster kids FOID cards. Put the foster kids who get FOID's into homes of gun owners and those that cannot get FOID's ( disqualified ) to non gun owning families. /light purple

 

 

 

Would the ISP even process a FOID application for a foster child? Is a foster parent a legal guardian or is the state still the guardian?

 

Can the foster parents sign a permission slip for a field trip or a jumping excursion at one of those trampoline parks. If they can't sign as a legal guardian then any of the previously mentioned would be a fraud.

This would also mean that Foster parents would not be able to legally fill out medical forms legally so giving a foster child a booster shot would be illegal since no legal guardian consented.
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SAF just got a $225k pay day from the old Moore/Shepard case from Illinois to find this new case against Illinois.

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Guys, this honestly has me concerned. My wife and I are going through the adoption process right now and she brought up the question of whether or not our agency will deprioritize our placement because we have guns in the house. I have 3 safes and keep my guns locked up at all times. One of my buddies offered to store my gear for the home inspection but I'd rather not try to mislead a prospective mother. I'm not sure if the rules are the same for foster parents as they are for adopting parents but I seriously has my wife worried that this will hurt our odds. Does anyone have any experience with this other than the case mentioned?

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Gearsmithy, I have nothing to add other than to wish you the best of luck in your adoption process.

Maybe let your buddy clean your guns and safes for you. You've kind of let them get crudded up afterall, and your buddy needs the practice cleaning.

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Guys, this honestly has me concerned. My wife and I are going through the adoption process right now and she brought up the question of whether or not our agency will deprioritize our placement because we have guns in the house. I have 3 safes and keep my guns locked up at all times. One of my buddies offered to store my gear for the home inspection but I'd rather not try to mislead a prospective mother. I'm not sure if the rules are the same for foster parents as they are for adopting parents but I seriously has my wife worried that this will hurt our odds. Does anyone have any experience with this other than the case mentioned?

licensing process is the same for foster care, adoption, and private adoptions. sounds like you currently have a placement and this is a private adoption. Is that right? When the home study is completed the worker will ask you about this and want to see them (along with all of the personal details of your life). I don't think that at an agency will want to jeopardize the adoption due to firearms especially if the child has been in your home and you are moving toward adoption. Sounds like you are making every effort to ensure that this is a safe environment for children and they will have no access to firearms. Ammo has to be locked up separate from the firearms and firearms have to be locked up. Don't have any loaded firearms when they visit, and let them know that you don't keep a loaded firearm. Loaded firearms aren't allowed.

 

http://www.ilga.gov/commission/jcar/admincode/089/08900402sections.html

 

i) Any and all firearms and ammunition shall be locked up at all times and kept in places inaccessible to children. No firearms possessed in violation of a State or federal law or a local government ordinance shall be present in the home at any time. Loaded guns shall not be kept in a foster home unless required by law enforcement officers and in accordance with their law enforcement agency's safety procedures.

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Guys, this honestly has me concerned. My wife and I are going through the adoption process right now and she brought up the question of whether or not our agency will deprioritize our placement because we have guns in the house. I have 3 safes and keep my guns locked up at all times. One of my buddies offered to store my gear for the home inspection but I'd rather not try to mislead a prospective mother. I'm not sure if the rules are the same for foster parents as they are for adopting parents but I seriously has my wife worried that this will hurt our odds. Does anyone have any experience with this other than the case mentioned?

licensing process is the same for foster care, adoption, and private adoptions. sounds like you currently have a placement and this is a private adoption. Is that right? When the home study is completed the worker will ask you about this and want to see them (along with all of the personal details of your life). I don't think that at an agency will want to jeopardize the adoption due to firearms especially if the child has been in your home and you are moving toward adoption. Sounds like you are making every effort to ensure that this is a safe environment for children and they will have no access to firearms. Ammo has to be locked up separate from the firearms and firearms have to be locked up. Don't have any loaded firearms when they visit, and let them know that you don't keep a loaded firearm. Loaded firearms aren't allowed.

 

http://www.ilga.gov/commission/jcar/admincode/089/08900402sections.html

 

i) Any and all firearms and ammunition shall be locked up at all times and kept in places inaccessible to children. No firearms possessed in violation of a State or federal law or a local government ordinance shall be present in the home at any time. Loaded guns shall not be kept in a foster home unless required by law enforcement officers and in accordance with their law enforcement agency's safety procedures.

 

Thanks for the info. We're adopting through an apparently reputable agency near chicago. We don't have a placement yet, we're just starting our home study now but me being the gun guy that I am had my wife worried about it.

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If you're negligent in securing your firearms, then that's an entirely separate issue and DCFS needs to get involved if the couple has children. Period. I do not advocate reckless storage, propping up a rifle against a wall, placing a loaded pistol on a night stand or in the drawer.

 

Almost every house I went into when I was a kid had a rifle or a shotgun leaning up near the back door, and I bet almost every night stand had a loaded pistol. IMO it's only reckless if you don't bother educating your kids about the dangers, now having kids foster or not with possible social issues, I would agree that this would be reckless.

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If you're negligent in securing your firearms, then that's an entirely separate issue and DCFS needs to get involved if the couple has children. Period. I do not advocate reckless storage, propping up a rifle against a wall, placing a loaded pistol on a night stand or in the drawer.

 

Almost every house I went into when I was a kid had a rifle or a shotgun leaning up near the back door, and I bet almost every night stand had a loaded pistol. IMO it's only reckless if you don't bother educating your kids about the dangers, now having kids foster or not with possible social issues, I would agree that this would be reckless.

 

Uncle H - I agree.

I knew better than to touch a firearm without permission. But in those days, my dad warmed my butt for disobeying him.

My son is 35 years old, served 2 tours in Iraq, is a Major in the U.S. Army and STILL asks for permission to get into the gun cabinet.

Some lessons stay with you through your whole life. And yes - I warmed his butt more than once...

But I'm old - what do I know?

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Home day cares cannot have a handgun on the property. "16) Handguns are prohibited on the premises of the day care home except in the

possession of peace officers or other adults who must possess a handgun as a

condition of employment and who reside in the day care home.

17) Any firearm, other than a handgun in the possession of a peace officer or

other person as provided in subsection (a)(13), shall be kept in a

disassembled state, without ammunition, in locked storage in a closet,

cabinet, or other locked storage facility inaccessible to children.

A) Ammunition for such firearms shall be kept in locked storage

separate from that of the disassembled firearms, inaccessible to

children."

 

I've been thinking this over ever since this was posted. It looks to me like the Firearm Concealed Carry Act provides an exemption from the handgun ban in home day care facilities:

(2) Any building, real property, and parking area

 

under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

I believe this means, if the operator has an IL carry license, the operator is exempted from the ban - as long as the carry gun is in a locked container while children in care are in the home.

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Home day cares cannot have a handgun on the property. "16) Handguns are prohibited on the premises of the day care home except in the

possession of peace officers or other adults who must possess a handgun as a

condition of employment and who reside in the day care home.

17) Any firearm, other than a handgun in the possession of a peace officer or

other person as provided in subsection (a)(13), shall be kept in a

disassembled state, without ammunition, in locked storage in a closet,

cabinet, or other locked storage facility inaccessible to children.

A) Ammunition for such firearms shall be kept in locked storage

separate from that of the disassembled firearms, inaccessible to

children."

 

I've been thinking this over ever since this was posted. It looks to me like the Firearm Concealed Carry Act provides an exemption from the handgun ban in home day care facilities:

(2) Any building, real property, and parking area

 

under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

I believe this means, if the operator has an IL carry license, the operator is exempted from the ban - as long as the carry gun is in a locked container while children in care are in the home.

 

Molly that is absolutely my understanding as well. I never thought about it any other way.

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Home day cares cannot have a handgun on the property. "16) Handguns are prohibited on the premises of the day care home except in the

possession of peace officers or other adults who must possess a handgun as a

condition of employment and who reside in the day care home.

17) Any firearm, other than a handgun in the possession of a peace officer or

other person as provided in subsection (a)(13), shall be kept in a

disassembled state, without ammunition, in locked storage in a closet,

cabinet, or other locked storage facility inaccessible to children.

A) Ammunition for such firearms shall be kept in locked storage

separate from that of the disassembled firearms, inaccessible to

children."

That was the reason I wrote that

 

I've been thinking this over ever since this was posted. It looks to me like the Firearm Concealed Carry Act provides an exemption from the handgun ban in home day care facilities:

(2) Any building, real property, and parking area

 

under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

 

 

I believe this means, if the operator has an IL carry license, the operator is exempted from the ban - as long as the carry gun is in a locked container while children in care are in the home.

 

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Home day cares cannot have a handgun on the property. "16) Handguns are prohibited on the premises of the day care home except in the

possession of peace officers or other adults who must possess a handgun as a

condition of employment and who reside in the day care home.

17) Any firearm, other than a handgun in the possession of a peace officer or

other person as provided in subsection (a)(13), shall be kept in a

disassembled state, without ammunition, in locked storage in a closet,

cabinet, or other locked storage facility inaccessible to children.

A) Ammunition for such firearms shall be kept in locked storage

separate from that of the disassembled firearms, inaccessible to

children."

I've been thinking this over ever since this was posted. It looks to me like the Firearm Concealed Carry Act provides an exemption from the handgun ban in home day care facilities:

(2) Any building, real property, and parking area

 

under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home.

 

 

I believe this means, if the operator has an IL carry license, the operator is exempted from the ban - as long as the carry gun is in a locked container while children in care are in the home.

 

The Department argues against that in regard to daycare facilities claiming, in a way, that administrative rule trumps statute. Rcpandr provided a link in Post #26.

 

This goes against the obvious legislative intent to allow firearm possession by foster children expressed in the FOID Act - ie a child's legal guardian can allow the child to apply for a FOID Card and, by extension, possess a firearm with the guardian's permission. Further, 720 ILCS 5/24-9 specifies the manner of storage required within the premises when a minor is likely to gain access to a firearm without the permission of his or her guardian.

 

The FCCA continues this logic by making the allowance you mention.

 

The Administrative Rules disallowing firearm possession in a foster homes is at odds with all of these statutory provisions.

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  • 3 weeks later...

Since when did administrative code preempt statute? Am I living in the twilight zone? Oh, right, I live in Illinois. That's a patently frivolous argument. They know it doesn't, it can't, and the state ought to be sanctioned for mounting such a frivolous defense.

 

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  • 1 month later...

Guys, this honestly has me concerned. My wife and I are going through the adoption process right now and she brought up the question of whether or not our agency will deprioritize our placement because we have guns in the house. I have 3 safes and keep my guns locked up at all times. One of my buddies offered to store my gear for the home inspection but I'd rather not try to mislead a prospective mother. I'm not sure if the rules are the same for foster parents as they are for adopting parents but I seriously has my wife worried that this will hurt our odds. Does anyone have any experience with this other than the case mentioned?

I've been through the adoption process twice now (once in 2007 and here this summer we finalized our second) and you can have guns on the premises as long as they are stored as per the Chid Care act. The no hand guns on the premises issue is a licensed daycare issue.

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The Department argues against that in regard to daycare facilities claiming, in a way, that administrative rule trumps statute. Rcpandr provided a link in Post #26.

 

IANAL, but isn't an administrative rule an interpretation of a statute? If that is the case, then the rule doesn't trump a statute, but merely is an understanding of one.

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IANAL, but isn't an administrative rule an interpretation of a statute? If that is the case, then the rule doesn't trump a statute, but merely is an understanding of one.

Yes, but its more an implementation of statute than an interpretation. Administrative rules should respect the legislative intent.

 

 

So the department's claim that administrative rules trump statute is obviously false.

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  • 2 months later...

https://www.saf.org/...r-parent-rules/

 

BELLEVUE, WA – A federal district court judge in Illinois has denied that state’s motion to dismiss a legal challenge by the Second Amendment Foundation of its foster parenting rules that place restrictions on the possession of firearms for personal protection.

 

SAF filed the lawsuit last summer on behalf of Kenneth and Colleen Shults in U.S. District Court for the Central District of Illinois. Named as a defendant in the case is George H. Sheldon, in his official capacity as director of the Illinois Department of Children and Family Services (IDCFS). SAF is joined by the Illinois State Rifle Association.

 

On Tuesday, District Judge Colin Stirling Bruce ruled that there are “sufficient factual allegations to state a claim to relief that is plausible on its face.” The complaint alleges that the state has deprived Kenneth and Colleen Shults of their civil rights under color of law.

 

“We brought this action on behalf of the plaintiffs to establish that the state’s restrictions on the possession and carrying of firearms by foster parents is unconstitutional under both the Second and Fourteenth amendments,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’re delighted that the judge will allow our action to go forward because it is important to establish that people do not surrender their Second Amendment rights in order to become foster parents. We’re in court to make sure that the state cannot discriminate against foster parents who merely wish to exercise the rights we’ve restored in Illinois.”

 

The case now enters the discovery phase, according to SAF attorney David Sigale of Glen Ellyn, Illinois.

 

The case is known as Shults et al v. Sheldon.

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