By Bob Unruh
A federal judge has rejected a demand from the state of Illinois that a lawsuit challenging its gun rules – as applied to foster parents or potential foster parents – be dismissed.
The Second Amendment Foundation, which brought the case on behalf of Kenneth and Colleen Shultz in U.S. District Court for the Central District of Illinois, said lawyers now will move to develop evidence through depositions.
The case challenges restrictions that appear to violate the Second Amendment rights of people willing to become the foster parents of needy children.
“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.”
Named as defendant is George H. Sheldon, the head of the Illinois Department of Children and Family Services.
It was U.S. District Judge Colin Stirling Bruce who said there are “sufficient factual allegations to state a claim to relief that is plausible on its face.”
The case alleges the state violates the civil rights of foster parents or potential foster parents by banning them from having guns.
The Illinois State Rifle Association also has joined as a plaintiff in the case.
When the case arose, WND reported how the Shultses decided a weapon was needed.
Colleen Shults works as a Click to see the original article