The State of Illinois Bans Parents’ Second Amendment Rights!
The Second Amendment is the defensive backbone of the Constitution. And it is under attack every day in America. During the first presidential debate of 2016, both Hillary Clinton and Donald Trump supported some form of gun control. That was a given from Hillary but the Donald surprised a few folks.
The good news is that some are fighting for your gun rights.
The Second Amendment Foundation just filed a federal civil rights lawsuit against the State of Illinois to Protect the Gun Rights of Foster Parents. The suit is worth a read.
SAF joined with the plaintiffs to fight the State of Illinois’s ban on firearms possession by foster parents. This is in blatant disregard for the Constitution and McDonald v. City of Chicago (2010).
The Illinois law deprives parents of their rights for no valid reason at all. This law needs to go. And it will.
The suit is brought pursuant to 18 U.S.C. § 1983 and under the Second and Fourteenth Amendments.
20. The Second Amendment provides:
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
U.S. Const. amend. II.
21. The Second Amendment “is fully applicable against the States.”
McDonald v. City of Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3026 (2010).
22. Section 1 of the Fourteenth Amendment provides, in relevant part:
No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
U.S. Const. amend. XIV (emphasis added).
– Shults v. Sheldon, 2:16-cv-02214-HAB, Compl. At 6. (C.D. IL, 2016).
24. Further, all foster parents are required to complete Form CFS 402-A,
entitled “Acknowledgment of Compliance/Part 402 Licensing Standards for Foster
Family Homes. Contained in CFS 402-A is “Section III. Firearms” is a recitation of
Rule 402.8(g), and the requirement that the prospective foster parent make the
I certify that there are no firearms on the premises, but will
immediately notify the Licensing Representative and complete
form CFS 452-2, Foster Family Firearms Arrangement, if I, or
any member of the foster family home, acquires a firearm.
– Id, at 7.
30. The IDCFS policy, and all other Illinois statutory language, which
restricts foster parents, and would-be foster parents, the rights and privileges of
possessing and carrying firearms for self-defense and defense of family based solely
on their status as foster parents, on their face and as applied, violate the Plaintiffs’
individual right to possess and carry firearms for self-defense and defense of family
as secured by the Second Amendment to the United States Constitution.
– Id, at 8.
The Shultses and the SAF seek a declaration that these laws and regulations are illegal. They also seek to prohibit the state from enforcing them. They are fighting for their rights.
Related Second Amendment Legal From Freedom Prepper:
We owe the SAF a debt of gratitude whether we are foster parents or not. Learn more at their website.
An assault on the rights of one group is an attack on all of us. The better news is that these laws keep falling when they are challenged in court. The bad news is that the government never learns; they keep passing laws to defy the Constitution. It’s like they have a plan to defeat us.
The SAF has a plan to defeat them. Keep it up!
Watch this live action video of how to stop a home intrusion!
Perrin Lovett writes about freedom, firearms, and cigars (and everything else) at www.perrinlovett.me. He is none too fond of government meddling.