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Lawsuit challenges ban of handguns in home day cares

Pistols are offered for sale at Freddie Bear Sports on October 18, 2012 in Tinley Park, Illinois.

After nearly being shot by a stranger in Chicago, the author's son suffered from post-traumatic stress syndrome. | Getty Images

Several gun rights groups have joined a central Illinois couple in a federal lawsuit challenging a ban on handguns in home day cares.

The lawsuit filed against the Illinois Department of Children and Family Services contends the prohibition violates the rights of home day care operators.

Jennifer Miller operates a licensed day care out of her Shelbyville home. She contends owning a handgun is her Second Amendment right, adding she and her husband have gone through background checks and firearm training.

Miller and her husband, Darin, both have firearm owner’s identification cards and concealed carry permits.

The lawsuit seeks an injunction barring Illinois and DCFS from enforcing the handgun restriction and asks the court to declare the rule unconstitutional.

A spokeswoman for the agency declined to comment on pending litigation.