Another Case of Foster Parent Gun Rights Soon to be Fought In Missouri

Missouri regulations for foster parents bars them from having guns to protect their children

Published Monday, January 21, 2019
Gun Rights Watch article by GRW Chief Editor

A Missouri couple is asking for an injunction from the U.S. District Court for the Western District of Missouri against the Missouri foster parent regulation that prohibits them from having loaded firearms in the home if they have foster children. The Second Amendment Foundation, led by Alan Gottlieb, a civil rights lawyer on gun issues famous in part for fighting a similar case in Michigan, has joined them in the lawsuit.

James and Julie Attaway are arguing that the restriction makes them unable to adequately protect their family and the foster children they currently care for and are asking the court to remove it on constitutional grounds. Removing one's means of self-defense cannot be a prerequisite for the caring of children, they reason.

"As parents of biological children and foster children, one of our top priorities is to provide a safe, loving place for them to grow and develop," James Attaway remarked in comments to the Washington Free Beacon. "Our hope is that the state of Missouri would allow their well-trained foster parents to use the same prudence they would with their own children when it comes to carrying and storing firearms. Prohibiting all foster parents from carrying concealed firearms or storing ammunition with firearms in the same locked safe strips foster parents of the ability to defend themselves and their children, foster and natural, from threats both inside and outside the home."

The couple has a particular interest in removing obstacles that prove overly burdensome for others who wish to help raise children whose parents are unable to do so.

The Second Amendment Foundation has had successes in fighting these sorts of regulations and believes that court action is necessary to secure these freedoms, not only for foster parents throughout the country but for the many children they care for so that they might have a better upbringing and childhood because of their actions.