Granddad must give up 2A rights to foster grandson

[middlefinger]

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Lawsuit Alleges Michigan Agency Told Grandfather He’d Have to Give Up Gun Rights to Foster His Grandson

'If you want to care for your grandson you will have to give up some of your constitutional rights'



A lawsuit filed in federal court on Monday alleges the Michigan Department of Health and Human Services (MDHHS) violated the gun rights of foster parents.

Caseworkers from MDHHS and a county judge told William Johnson of Ontonagon, Mich., that he had to choose between his Second Amendment rights and fostering his grandson, according to a complaint filed with the United States District Court for the Western District of Michigan.

The 54-year-old Johnson is a retired, disabled Marine with a Michigan Concealed Pistol License.

He and his wife were asked by the state of Michigan to foster their grandson.

According to Johnson's suit, however, the issues began as soon as he arrived at MDHHS to pick up the child.

Johnson said he was searched for a firearm and, although he was not carrying a gun, officials demanded to see his concealed carry license.

He was then told he would need to give MDHHS the serial numbers of all of his firearms, including rifles and shotguns, and register them with the agency.

After questioning why he would have to register his firearms in order to foster his grandson, Johnson said he was told by one caseworker, "if you want to care for your grandson you will have to give up some of your constitutional rights."

When he objected, he was told there would not be a "power struggle" and MDHHS "would just take his grandson and place him in a foster home" if he didn't comply with their requests.

Two weeks later, during a hearing on placement of the child, Johnson said a Gogebic County Court judge similarly told him, "if you want to care for your grandson you will have to give up some of your constitutional rights."

Michigan requires that anyone who wants to be a foster parent must register his handguns with the state as well as keep the guns unloaded and locked in a safe separate from the ammunition.

Foster parents in states like Nevada and Oklahoma have challenged similar laws in recent years after being denied foster children over their legally owned firearms.

The case against MDHHS also features plaintiffs Brian and Naomi Mason, who said the gun regulations keep them from becoming foster parents.

The Second Amendment Foundation, which is party to the suit, said the actions of MDHHS were "outrageous," and the policy violates the civil rights of Michigan foster parents.

"The statements from the caseworker and judge are simply outrageous," Alan Gottlieb, the group's founder, said in a statement.

"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."

MDHHS said it could not comment on the allegations in the lawsuit because the case is still ongoing. "Our department generally does not comment on pending litigation," Bob Wheaton, MDHHS public information officer, told the Washington Free Beacon.

Gottlieb said the lawsuit was a necessary step in ensuring public officials respect people's rights. "This is a case we simply must pursue," he said. "State agencies and the people who work in those agencies simply cannot be allowed to disregard someone’s civil rights."

http://freebeacon.com/issues/lawsuit...ster-grandson/

[TaePo]

A couple of questions come to my mind.

Does a grandfather have rights as a family member especially in direct lineage?


Why is the gov ernment agency for foster care / placement involved? Is the grandparent hoping to get subsidies to help raise his grandson? Is there no other way such as a medical disability increase (if he gets that) with a dependent? Situation seems odd because I thought they always tried to use family first whenever possible.

In any case, I agree that a 2A limitation is an infringement. Why not limit his right to vote while they are at it? I am sure support of tyranny was why he became a marine. Semper Fi, to what? Cause all that love ain't being returned.

[Manxdriver]

I want my country back, AND I want the people that ruined it PUNISHED!

[bigandy1966]

I want my country back, AND I want the people that ruined it exiled to 3rd world communist nations ..or north korea, which ever is cheaper

FIFY

[Bang]

Unfortunately, the human services rep who treated the man that way will never face charges on a criminal basis. As far as I can see, such coercion and rights violations rise to criminal acts. I sure hope so.

[john9001]

The liberal judge should be removed from office for exceeding his powers as judge, judges are not empowered to make law, only to obey the law.

[TSimonetti]

Not trying to throw a bucket of water on this fire, but the judge in this case and an eventual appeals court could uphold the HHS mandate for the simple reason that it did not prevent the Grandfather from owning, buying, or possessing guns. They simply required the serial numbers of the guns and "safe" storage. Now does it suck and is it an infringement? I think definitely yes. But there are a whole lot of Leftist activist morons on the bench who would think otherwise and rule that the man's 2A Rights were not violated despite what was said by the HHS employees and judge. This may have to eventually go to SCOTUS and then we have to pray that Anthony Kennedy is either replaced by then, or he somehow decides to vote with the conservatives on the court.

[Rosco the Iroc]

ok but both them know clearly they are asking him to give up his rights I assume the judges statements is on record. What crime did he commit to warrant such action?

[Gun]

A couple of questions come to my mind.

Does a grandfather have rights as a family member especially in direct lineage?


Why is the gov ernment agency for foster care / placement involved? Is the grandparent hoping to get subsidies to help raise his grandson? Is there no other way such as a medical disability increase (if he gets that) with a dependent? Situation seems odd because I thought they always tried to use family first whenever possible.

https://assets.aarp.org/rgcenter/gen...re_2006_mi.pdf

Kinship care licensing: In Michigan, some kinship care providers must meet the same licensing standards as non-kin foster parents. Once kin are licensed, they are eligible to receive a foster care payment. Other kinship care providers must meet assessment standards that are different than those for non-kin. Once they meet the assessment standards, they are eligible to receive a Temporary Assistance to Needy Families (TANF) child-only grant.

If the grandparent was going the route of receiving assistance from the state, then yes, the grandparent has to follow the same guidelines as a non-kin foster parent.

[Daycrawler]

Unfortunately, the human services rep who treated the man that way will never face charges on a criminal basis. As far as I can see, such coercion and rights violations rise to criminal acts. I sure hope so.

In Pa. this could possibly be political oppression. IDK about how things work in Mi., however it screams of rights violations!