Post by Admin on Aug 1, 2019 8:50:02 GMT
Judge says disabled Marine can have 2A rights or grandson, but not both
The Second Amendment Foundation is known for promoting education and legal action programs designed to better inform the public about their constitutional right to bear arms. On Monday July 17, 2017 they filed a lawsuit on behalf of a Marine veteran who was forced to give up his rights to care for his grandson.
William and Jill Johnson planned to take custody of their grandson instead of leaving him in the hands of the foster care system. William is a retired disabled Marine veteran with a concealed carry permit. When William arrived to pick up his grandson from the Michigan Department of Health and Human Services he was searched for weapons.
An agent with the MDHHS told William he would be required to register all of his firearms with the state. William was more than surprised, but when he asked why the agent’s response left him dumbfounded. “If you want to care for your grandson you will have to give up some of your constitutional rights,” the agent said according to William.
Refusing to accept the agent’s answer, William and Jill took their concern to a Gogebic County Court judge. His response was equally disturbing. According to court transcripts of the hearing, the judge said “we know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.” Under Michigan law, anyone who chooses to be a foster parent must register all firearms with the state and keep those weapons unloaded, locked, and separate from ammunition.
With the help of SAF, the Johnsons are filing a lawsuit against the MDHHS. Brian and Naomi Mason, another potential foster couple facing the same issue, have joined the Johnsons as plaintiffs in this case. Brian Mason has been the Pastor of the Ontonagon Baptist church in Ontonagon, Michigan for the last nine years and sits as the Chair of the Ontonagon County Department of Health and Human Services Board.
Alan Gottlieb, the founder and Executive VP of SAF, released the following statement about the case. “The statements from the caseworker and judge are simply outrageous,” he said. “This amounts to coercion, with a child as their bartering chip. I cannot recall ever hearing anything so offensive and egregious, and we’ve handled cases like this in the past. Blatantly telling someone they must give up their civil rights in order to care for their own grandchild is simply beyond the pale.”
According to the complaint in their lawsuit, case 2:17-cv-00124, “the policy of the MDHHS, by implementing requirements and restrictions that are actually functional bans on the bearing of firearms for self-defense, both in and out of the home, completely prohibits foster and adoptive parents, and those who would be foster or adoptive parents, from the possession and bearing of readily-available firearms for the purpose of self-defense. This violates Plaintiffs’ constitutional rights under the Second and Fourteenth Amendments.”
William and Jill Johnson planned to take custody of their grandson instead of leaving him in the hands of the foster care system. William is a retired disabled Marine veteran with a concealed carry permit. When William arrived to pick up his grandson from the Michigan Department of Health and Human Services he was searched for weapons.
An agent with the MDHHS told William he would be required to register all of his firearms with the state. William was more than surprised, but when he asked why the agent’s response left him dumbfounded. “If you want to care for your grandson you will have to give up some of your constitutional rights,” the agent said according to William.
Refusing to accept the agent’s answer, William and Jill took their concern to a Gogebic County Court judge. His response was equally disturbing. According to court transcripts of the hearing, the judge said “we know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.” Under Michigan law, anyone who chooses to be a foster parent must register all firearms with the state and keep those weapons unloaded, locked, and separate from ammunition.
With the help of SAF, the Johnsons are filing a lawsuit against the MDHHS. Brian and Naomi Mason, another potential foster couple facing the same issue, have joined the Johnsons as plaintiffs in this case. Brian Mason has been the Pastor of the Ontonagon Baptist church in Ontonagon, Michigan for the last nine years and sits as the Chair of the Ontonagon County Department of Health and Human Services Board.
Alan Gottlieb, the founder and Executive VP of SAF, released the following statement about the case. “The statements from the caseworker and judge are simply outrageous,” he said. “This amounts to coercion, with a child as their bartering chip. I cannot recall ever hearing anything so offensive and egregious, and we’ve handled cases like this in the past. Blatantly telling someone they must give up their civil rights in order to care for their own grandchild is simply beyond the pale.”
According to the complaint in their lawsuit, case 2:17-cv-00124, “the policy of the MDHHS, by implementing requirements and restrictions that are actually functional bans on the bearing of firearms for self-defense, both in and out of the home, completely prohibits foster and adoptive parents, and those who would be foster or adoptive parents, from the possession and bearing of readily-available firearms for the purpose of self-defense. This violates Plaintiffs’ constitutional rights under the Second and Fourteenth Amendments.”
