Wisconsin’s Court of Appeals has struck down Washington County regulations that required foster parents to store firearms unloaded as a condition of obtaining a license, ruling the restrictions violated both federal and state constitutional rights.
The decision, handed down July 31, 2026, by the Court of Appeals District III in Lafferty v. Pertl, marks the culmination of a five-year legal fight waged by Brian and Katie Lafferty to retain their Second Amendment rights while serving as foster parents.
Years of Shifting Requirements
The case centers on the Laffertys’ challenge to gun storage rules imposed by the Wisconsin Department of Children and Families and the Washington County Human Services Department. According to the court’s findings, the couple faced years of changing requirements and what the appeals court characterized as county officials moving the goal posts throughout the licensing process.
The Laffertys had initially received an unfavorable summary judgment at the circuit court level on procedural grounds before taking their case to the appellate court.
Court Rebukes County Over Gun Storage Mandate
While the appeals court noted that Washington County had amended or eliminated some of its gun control provisions during the course of litigation, one critical requirement remained: the mandate that foster parents store all firearms unloaded as a licensing condition.
The Court of Appeals District III ruled this remaining restriction unconstitutional, finding it violated protections guaranteed under both the U.S. Constitution and Wisconsin’s state constitution.
According to reporting by The Washington Times, the appellate court also criticized Washington County for its handling of the case, specifically scolding officials for being tardy in notifying the court about changes to their gun control policies. The court took issue with what it described as the county “playing games” by failing to promptly inform the judiciary when it had removed certain restrictions.
Implications for Foster Care Licensing
The ruling establishes that Wisconsin counties cannot impose blanket requirements forcing foster parents to keep firearms stored in an unloaded condition as a prerequisite for licensure. The decision affirms that prospective foster parents retain their constitutional right to maintain firearms in a ready-to-use state for self-defense, even while caring for children placed in their homes through the state system.
The case highlights ongoing tensions between child welfare regulations and Second Amendment rights, with courts increasingly scrutinizing government attempts to condition public benefits or licenses on the surrender of constitutional protections.
Washington County’s evolving gun control requirements for foster parents — which the Laffertys challenged as they changed over five years — now face constitutional limits following the appellate decision. The ruling prevents the county from enforcing its unloaded storage mandate going forward.
The decision comes as courts nationwide continue to examine firearm regulations in light of recent Supreme Court precedents emphasizing the historical basis for Second Amendment protections and scrutinizing government justifications for restricting gun rights.
Source: www.breitbart.com — https://www.breitbart.com/2nd-amendment/2026/08/04/wisconsin-appeals-court-counters-county-upholds-foster-parents-2a-rights/