admin
The Wisconsin Court of Appeals handed a clear win to foster parents and the Second Amendment in Lafferty v. Pertl. In a published opinion, the court struck down a rule that forced foster parents to keep firearms unloaded to get a license. The judges did more than rule — they scolded the Department of Children and Families and Washington County for changing the rules midstream and hiding the changes from the court.
Court sides with the Laffertys — and the Constitution
The three-judge panel, in an opinion by Judge Lazar, found that the unloaded-storage requirement “violates both the federal and state constitutions.” The court reversed the circuit court’s summary judgment against Brian and Katie Lafferty and sent the case back with clear instructions. The panel also rejected the idea that the Laffertys waived their rights by applying for or renewing a foster license, and it ordered the destruction of some overbroad records created in discovery.
Bureaucrats played games — and the judges noticed
Secretary Jeff Pertl’s agency and Washington County didn’t get off easy. The court said DCF and the county “dithered, moved the goal posts, and changed the rules of the game every step along the way.” Worse, the agency told the court—just days before oral argument—that it had quietly amended the rules months earlier. That late notice earned an explicit rebuke. If you think public officials should be honest with judges, you’re suddenly in the minority at county hall — at least until now.
What this ruling means for foster parents and policy
Practically, the decision forces DCF and counties to rewrite how they handle foster home licensing. The unloaded-storage mandate is gone, and the court limited the state’s ability to demand broad lists of firearms and keep those records. Agencies can still pursue child safety, but they must do so without trampling constitutional rights. Expect DCF or Washington County to consider asking the Wisconsin Supreme Court to review the case. If they do, the legal fight over how far states can regulate gun ownership in foster homes is not over — it’s just moved up a level.
This was a win for common sense and for constitutional law. Foster parents shouldn’t have to choose between caring for kids and keeping their rights. The court made that plain and put the burden back on the bureaucrats: fix your rules, stop playing hide-and-seek with the courts, and focus on placing children — not policing law-abiding citizens. If Washington County and DCF want a fight, they now know their excuses won’t fly in court.
