http://www.mininggazette.com/news/2018/08/latest-ruling-trims-foster-parent-gun-suit-but-case-will-proceed/In an Aug. 14 ruling, Judge Paul Maloney granted in part and denied in part the motion to dismiss.
The motion to dismiss Johnson’s Second Amendment claim was denied. The department argued that Johnson’s claims were “unripe” or premature, as the foster license was not terminated.
The court disagreed, stating: “As pleaded, the Johnsons have suffered harm because they have been forced to choose between their Second Amendment rights and their foster care license for fear of enforcement of the rule.”
However, an equal protection claim and substantive due process claim by the plaintiffs were dismissed with prejudice.
