BELLEVUE, Wash. — Sept. 8, 2025 — Attorneys representing the Second Amendment Foundation (SAF) have filed a motion for summary judgment in its lawsuit challenging Illinois law that bans firearms in homes licensed to provide foster or day care.
The Foster Home and Day Care Home Rules and statutes in Illinois ban adults licensed to foster parent or provide day care in their own homes from keeping functional firearms for self-defense, even if they are otherwise allowed to possess them.
“Being a caretaker does not come at the expense of your fundamental rights,” said SAF Director of Legal Operations Bill Sack. “The constitutional analysis is no different here than for any other type of gun control. The burden is on the state to prove a historical tradition of similar regulation at the time of the Founding, and that tradition simply does not exist.”
SAF is joined in the case, Miller v. Mueller (formerly Miller v. Smith) by the Illinois State Rifle Association, Illinois Carry and two private citizens, Darin and Jennifer Miller.
“This case was originally filed in 2022 and it’s time for a resolution,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Bruen Supreme Court ruling shoots down the state’s arguments, but they continue to spend taxpayer dollars fighting a case they know they’ll lose. It’s past time to end this case once and for all.”
For more information, visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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