Couple claims state gun regulations for foster parents violate their rights

KANSAS CITY, Mo. -- A Kansas City couple claims in a federal lawsuit state requirements for foster parents who own guns violate their constitutional rights.

Foster parents in Missouri are not prohibited from possessing firearms if they are otherwise legally allowed to do so. But the Missouri Department of Social Services imposes several restrictions on them, The Kansas City Star reported. The rules include storing firearms and ammunition separately, keeping firearms locked in areas inaccessible to children, and keeping firearms in a locked area in any vehicle transporting a foster child.

James and Julie Attaway, who have one foster child in their home and plan to have more, argue in their lawsuit the restrictions prevent them from possessing or carrying "loaded functional firearms."

The Attaways say they fear losing their foster son if they don't comply with restrictions. The not-for-profit Second Amendment Foundation joined the Attaways in the lawsuit.

"It leaves them with no actual ability to exercise their Second Amendment rights," said David Sigale, an Illinois lawyer representing the couple. He said similar lawsuits have been filed in Michigan and Illinois.

The Attaways are legally allowed to own firearms under Missouri law, and James Attaway has a concealed carry permit.

They are seeking an injunction preventing the state agency from enforcing the regulations. They also want the regulations declared null and void.

Spokeswoman Rebecca Woefel said Wednesday the Department of Social Services doesn't comment on pending litigation.