Posted on 08/26/2018 5:10:56 AM PDT by rktman
A federal judge has given the OK to a lawsuit filed against the Michigan Department of Health and Human Services over its rule that foster parents in the state do not have Second Amendment rights.
Well, the rules say they can have guns, but they have to be inoperable.
The case was brought on behalf of William and Jill Johnson, a retired Marine and his tackle shop-owning wife as well as another couple and the Second Amendment Foundation.
The state asked the Johnsons to be foster parents for their grandson. But during the course of the necessary paperwork for the placement, a local judge stunned them with the warning that they no longer would have all of their constitutional rights.
The judge explained bluntly: We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home, according to a complaint filed with the U.S. District Court for the Western District of Michigan.
(Excerpt) Read more at wnd.com ...
Ping.
5.56mm
“....We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home,...”
Pure utter tyrannical, judicial BS. It’s the judge that needs to go, not the guns.
Immediately remove the judge either by impeachment or whatever means
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The judge explained bluntly: We know we are violating numerous constitutional rights here,
This judge should be impeached and prosecuted for violations of civil rights under false color of authority.
L
Another judge making up his own rules. Said judge needs to be removed!
Flip Wilson was more of a Judge, than this Doofus!
Okay, Mr. Judgy. Then YOU won't mind signing MY waiver that makes you personally responsible for the safety of myself and my family...right?
Rogue judges like this one are Carter, Clinton, or Obama appointees. This case is one of raw fascism!
Wanted to read the article but the stupid web site makes that pretty much impossible.
That’s weird. How about this then?:
A federal judge has given the OK to a lawsuit filed against the Michigan Department of Health and Human Services over its rule that foster parents in the state do not have Second Amendment rights.
Well, the rules say they can have guns, but they have to be inoperable.
The case was brought on behalf of William and Jill Johnson, a retired Marine and his tackle shop-owning wife as well as another couple and the Second Amendment Foundation.
The state asked the Johnsons to be foster parents for their grandson. But during the course of the necessary paperwork for the placement, a local judge stunned them with the warning that they no longer would have all of their constitutional rights.
The judge explained bluntly: We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home, according to a complaint filed with the U.S. District Court for the Western District of Michigan.
Now the SAF has confirmed that U.S. District Judge Paul Maloney has refused to dismiss the complaint, as the state wanted.
In deciding that the Johnsons have a plausible case, Judge Maloney observed, Storing firearms in an inoperable condition makes them useless for the defense of hearth and home, which implicates the Second Amendment .The need for self-defense rarely comes with advance notice; it occurs spontaneously, often at times specifically chosen for the expected vulnerability of the intended victim, SAF reported.
Michigan Attorney General Bill Schuette already had sounded off on the fight, siding with the Johnsons.
As a practical matter, when a firearm is kept in a home for self-defense, it is always in use, he wrote. 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.
We are delighted that Judge Maloney and Attorney General Schuette expressed such common sense perspectives, said SAF founder and Executive Vice President Alan M. Gottlieb. This case is really all about common sense, as well as the right of citizens to be able to defend themselves and their homes and families.
WND reported in 2017 when the case developed it alleged civil rights violations under color of law for enforcing restrictions on the Second Amendment rights of people who want to be foster or adoptive parents.
The complaint explains the rule first was introduced to the Johnsons by social workers, who said, If you want to care for your grandson, you will have to give up some of your constitutional rights.
They explained, when the Johnsons raised questions about their agenda, there would not be a power struggle, that they would just take his grandson and place him in a foster home.
The Johnsons would possess and bear loaded and functional firearms for self-defense and defense of family, but refrain from doing so because they fear their foster child/grandchild being taken away from them by the state, the case explains.
WND reported earlier when a federal judge took the side of the Constitution in a similar dispute.
The state of Illinois at that time had demanded that a lawsuit challenging its gun rules as applied to foster or potential foster parents be dismissed.
U.S. District Judge Colin Stirling Bruce said there were sufficient factual allegations to state a claim to relief that is plausible on its face.
When the case arose, WND reported the Shults family decided a weapon was needed.
Colleen Shults works as a nurse at Danville Correctional Center under the state Department of Corrections. Months earlier, she received a letter from her employers Central Intelligence Unit that prisoners in the IDOC system were using people locator websites on the Internet to learn the home addresses of IDOC staff, including correctional officers and nurses.
The letter warned Colleen and those like her to be careful and diligent for their safety, that complaint said.
The simple answer would be to possess a firearm for defense, and generally under state law that is possible.
But the couple also has been providing foster care in the state for many years, and the policy of the Illinois Department of Children and Family Services suspends their Second Amendment rights, their lawsuit says.
Wrong Ms. Citizen Slave and now You have a Contempt of Court Charge, that will be 1000 days in the County Jail.
Seriously this Jackassjudge doesnt need to be on any Court.
The State/County will lose this case.
Now theres an oxymoron. The same State that cant get a grip on the Murder going on in Chicago...
Absolutely
I’ve never read it better stated...
“(US) Judge Maloney observed, Storing firearms in an inoperable condition makes them useless for the defense of hearth and home, which implicates the Second Amendment .The need for self-defense rarely comes with advance notice; it occurs spontaneously, often at times specifically chosen for the expected vulnerability of the intended victim,
Thank you Judge Maloney.
Deprivation of rights under color of law.
In a just world, that judge would be displayed in public for a short time, then uh... something happen to him.
Though I’m hoping they sue him personally, and he ends up in prison for the rest of his dictatorial life.
He come da judge!
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