Foster Parent Second Amendment Case Sent Back to Trial Court in Light of Bruen
From today’s Wisconsin Court of Appeals summary disposition in Lafferty v. Amundson (decided by Justices Gundrum, Neubauer & Grogan):
Brian and Katie Lafferty appeal from a circuit court order rejecting the Laffertys’ constitutional challenges to [a] Department of Children and Families Rule, which imposes certain firearm storage requirements for foster parents, as well as the Department’s prohibition on foster parents from carrying weapons while in the presence of foster children.
The relevant prohibition requires, among other things, that guns generally be stored unloaded and locked; the prohibition on carrying ready-to-use firearms on one’s person would presumably flow from that.
After briefing was completed in this case and while a decision was pending, the United States Supreme Court decided New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022), in which the Court rejected the means-end scrutiny framework the Respondents rely on in this case. Instead, Bruen said:
[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that condu
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