Wisconsin Court Upholds Foster Parents' Gun Rights in Key Ruling
Wisconsin Court of Appeals ruled that foster parents have protected Second Amendment rights.
Why it matters: This ruling clarifies how state firearm regulations interact with constitutional rights in foster care settings, providing guidance for legal practitioners navigating family and constitutional law compliance.
- Decision issued August 3, 2026, by Wisconsin Court of Appeals.
- Court ruled against Department of Children and Families' restrictive firearm regulations for foster homes.
- Case remanded for reconsideration in May 2023 after U.S. Supreme Court's Bruen decision.
- Opinion analyzes firearm rights within foster care, impacting future constitutional and family law cases.
On August 3, 2026, the Wisconsin Court of Appeals ruled in Laffery v. Pertl, affirming that foster parents retain Second Amendment rights that limit the state’s ability to restrict firearm possession and storage in foster homes.
The case challenged firearm restrictions imposed by Wisconsin's Department of Children and Families (DCF), which required foster parents to either avoid carrying guns on premises or to follow stringent storage rules. The court found these rules inconsistent with constitutional protections.
Previously, in May 2023, the Wisconsin Court of Appeals had sent the case back to trial court for reevaluation following the U.S. Supreme Court's ruling in New York State Rifle & Pistol Association v. Bruen, which changed how courts assess firearm regulations against the Second Amendment.
Judge Maria Lazar authored a detailed opinion analyzing the balance between constitutional firearm rights and state interests in child welfare. According to Wisconsin Bar Association coverage, the opinion draws heavily on Bruen’s historical test to strike down DCF’s regulations as too restrictive.
The ruling provides clearer legal standards for foster parents and agencies regarding firearm policies and is poised to influence how similar constitutional challenges are resolved in family law contexts.
By the numbers:
- August 3, 2026 — Date of Wisconsin Court of Appeals ruling in Laffery v. Pertl
- 36,000 — Words in the court's detailed opinion analyzing the case
- May 2023 — Date case was remanded following U.S. Supreme Court's Bruen decision
Yes, but: The ruling is specific to Wisconsin and foster care firearm regulations; its broader application depends on how other courts interpret Bruen in similar contexts.
What's next: Watch for potential appeals or state-level policy revisions from the Department of Children and Families in response to the ruling.