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Reason
Reason
Politics
Eugene Volokh

SHOCKING: The second amendment and foster parents - What They Never Told You

From a South Carolina Attorney General opinion issued last week:

Dear Representative Gilliam:
You seek our opinion "on a matter important to all South Carolinians, especially those among us who are serving as foster parents to the over 4,500 South Carolina youths in foster care." Specifically, your letter states:

… [o]ur concerns and answers to our questions [require resolution] so that these dedicated volunteers retain their Second Amendment right to keep and bear arms—uninfringed—while they provide their generous and valuable help to children in need.

It is my understanding that caseworkers and other officials with the South Carolina Department of Social Services [SCDSS] are prohibiting foster parents from adopting a foster child so long as any firearms are present in their home.

Our research has not found any state code requiring a complete deaccession of household firearms by foster parents who are considering adoption of a foster child. [The opinion then cites SCDSS regulations and policies that require foster parents to generally keep firearms "stored in an inoperative condition in a locked area inaccessible to children." -EV] …

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