Michigan Grandfather’s Suit Against Adoption Agency’s Gun-Storage Rule Moves Forward
A federal judge ruled on Thursday that a suit against Michigan’s requirement that foster parents keep their firearms locked away at all times could move forward. William and Jill Johnson sued the Michigan Department of Health and Human Services after William claimed he was told he’d either have to give up his gun rights or give up his grandson . Johnson said in his court complaint that a caseworker told him "if you want to care for your grandson you will have to give up some of your constitutional rights." He was later told there would not be a "power struggle" and the agency "would just take his grandson and place him in a foster home" if he refused to comply with their requests. William claimed the agency required any guns owned by those who want to foster children must be locked away and be inaccessible at all times they are not "in use." The Johnsons got a boost in court from the state’s attorney general who filed a brief supporting their suit. "As a practical matter, when a firearm is kept in a home for self-defense, it is always ‘in use,’" Michigan attorney general Bill Schuette wrote in his brief. "Criminals never take a day off, and they never call ahead. To serve its self-defense purpose, a gun must be readily accessible whenever its owner believes he might possibly need it." Though U.S. District judge Paul Maloney dismissed a similar case brought by another couple, he ruled that […]
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