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Firearms Legal Protection

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  1. #1
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    Second Amendment Foundation Files Suit Against MDHHS Over Foster Parent Gun Rights

    https://www.saf.org/saf-sues-michiga...oster-parents/

    SAF SUES MICHIGAN AGENCY OVER CIVIL RIGHTS VIOLATIONS AGAINST FOSTER PARENTS

    BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit against the head of the Michigan Department of Health and Human Services (MDHHS) on behalf of four Michigan residents, alleging 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.

    SAF is joined in the lawsuit by William and Jill Johnson and Brian and Naomi Mason. The lawsuit, filed in U.S. District Court for the Western District of Michigan, alleges that MDHHS caseworkers told Mr. Johnson, a 100-percent disabled Marine Corps veteran who sought custody of his grandson that he would have to give the agency the serial numbers of all of his firearms. When he questioned this, the caseworkers allegedly told him, “If you want to care for your grandson you will have to give up some of your constitutional rights.” This was after the state asked the Johnsons to be foster parents to their grandson.

    Two weeks later, the lawsuit alleges, a Gogebic County Court judge told the Johnsons that if they wanted their grandson placed in their care, “We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.”

    “The statements from the caseworker and judge are simply outrageous,” said SAF founder and Executive Vice President Alan M. Gottlieb. “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.”

    The lawsuit asserts that “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.”

    The Johnsons and Masons reside in Ontanogan, a small community on the north shore of the Upper Peninsula, on Lake Superior. Mr. Mason has been the Pastor at the Ontonagon Baptist Church in Ontonagon for nine years. He is also the Chair of the Ontonagon County Department of Health and Human Services Board.

    “This is a case we simply must pursue,” Gottlieb said. “State agencies and the people who work in those agencies simply cannot be allowed to disregard someone’s civil rights.”

  2. #2
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    Good. We've discussed this on MGO a few times i can remember, but it's unacceptable to have the state agency and then the judge so blatantly say they didn't give a rat's backside about rights, especially when it comes to dealing with one's own family instead of just fostering/adopting strangers' kids...

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both -link
    I really don't think that this part of title 18 gets used enough.
    And continuing on with 18§242, relevant to another ongoing thread here...
    if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

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    Two weeks later, the lawsuit alleges, a Gogebic County Court judge told the Johnsons that if they wanted their grandson placed in their care, “We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.”

    If this statement is made by a Judge on the court record, they should immediately be arrested and imprisoned.

  4. #4
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    Quote Originally Posted by JWWIII View Post
    Two weeks later, the lawsuit alleges, a Gogebic County Court judge told the Johnsons that if they wanted their grandson placed in their care, “We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.”

    If this statement is made by a Judge on the court record, they should immediately be arrested and imprisoned.
    Ha- this should be a crime for which capitol punishment is an option. A judge, intentionally violating constitutional rights, and flagrantly at that, needs to be strung up on the court house steps. That is a danger to our justice system and constitution at large. Short of actual, full fledged treason, I cannot come up with a worse crime against the state.
    Last edited by DP425; 07-22-2017 at 03:35 PM.

  5. #5
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    Quote Originally Posted by JWWIII View Post
    If this statement is made by a Judge on the court record, he should immediately be arrested and imprisoned.
    FIFY
    Never, under any circumstances, consume a sleeping pill and laxative on the same night.

  6. #6
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    The whole fostering system is an absolute joke with regard to organization. The whole system is composed of a mixed bag of rules and regulations, created and interpreted by a variety of agencies and groups, each of which imparting their own version of the law. It's an absolute mess and there's nobody ever to be held accountable for any of the bufoonery.

    I really hope this case serves to be an eye-opener of how sore and urgent the need is to have the rules and regulations with regard to fostering and adoption re-written, clarified, and reduce the clutter of agencies and individuals involved.

    The current situation is an absolute outrage. Never in my life have I experienced a situation whose organization was so abjectly in shambles, ran by fools, and inflated to the bursting point with groups and offices.

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    What finally woke up SAF?

  8. #8
    Quote Originally Posted by DrScaryGuy View Post
    Good. We've discussed this on MGO a few times i can remember, but it's unacceptable to have the state agency and then the judge so blatantly say they didn't give a rat's backside about rights, especially when it comes to dealing with one's own family instead of just fostering/adopting strangers' kids...

    And....we've been dealing with this since last December with our nephew. We refuse to give up the gun info and "past relationships" information they've been asking for. This is in addition to my hot water being 5 degrees too hot and the parade of people wanting to constantly come in and out of my house.

    We live well and they're putting us under an unheard of amount of scrutiny when we are not the ones that are idiots and had kids taken away. We don't even want the State's money, we just want to take care of the kid without them interfering.

    We applied for a waiver since it's a relative but were denied. So... We're just sitting tight for now.

  9. #9
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    wtf
    past relationships?
    how "relationship" are they looking for? because ... well, i wasn't always a homebody of a married man.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

  10. #10
    Quote Originally Posted by DrScaryGuy View Post
    wtf
    past relationships?
    how "relationship" are they looking for? because ... well, i wasn't always a homebody of a married man.
    That's what I said. They want you to fill out an "autobiography". That's nobody's business but mine and whoever I was with. I've been married for 12 years, whatever they want to know isn't their business.

    I'm not looking to be a foster parent, run a group home or even cash a check. I just want to be left alone.

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