On Monday, August 3rd, 2026, the Wisconsin Court of Appeals issued a significant ruling in the case of Laffery v. Pertl involving foster parents Brian and Katie Lafferty. The Laffertys challenged several regulations imposed by the Washington County Human Services Department and the Wisconsin Department of Children and Families (DCF) concerning the renewal of their foster home license. They argued these regulations violated their federal and state constitutional Second Amendment rights.

Since 2020, Washington County required foster parents to comply with additional restrictions before renewing their licenses. These included:

  1. Firearms storage: Firearms must be stored locked, unloaded, in a location not readily accessible to children, and separate from ammunition.
  2. Carry ban: Foster parents with concealed carry licenses were prohibited from carrying weapons in the presence of foster children.
  3. Disclosure: Foster parents had to list all firearms currently and formerly owned, including make, model, caliber, year purchased, and ownership status, along with firearm and ammunition locations.

The Laffertys contended the circuit court erred in granting summary judgment against them and that these rules were unconstitutional. However, the Court of Appeals, led by Judge Maria Lazar and joined in part by Judges Lisa Neubauer and Mark Gundrum, largely upheld the regulations. They noted that the administrative rule had been amended effective December 1, 2025, allowing foster parents two options for ammunition and firearm storage: either separate locked containers or a single locked steel gun safe equipped with a secure biometric, electronic, or combination lock.

The court concluded that requiring only one locked area for firearm storage was reasonable and not a secondary safety measure. It emphasized that the narrow condition was directly related to the foster care licensing process, which imposes safety requirements to protect vulnerable children in the state's custody. The ruling recognized the state's legitimate interest in ensuring foster homes are safe environments and upheld the rule as reasonable to prevent foster children from accessing firearms and potentially harming themselves or others.

The Laffertys have been engaged in this legal battle for five years, during which the DCF and Washington County Human Services Department have modified the regulations multiple times. This decision marks a substantial development in the ongoing debate over Second Amendment rights within the context of foster care licensing.

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