The Liberty Justice Center has filed an appellate brief in the Nebraska Court of Appeals, seeking to overturn a lower court order that dismissed its legal challenge to firearms regulations in the city of Lincoln. The lawsuit challenges an executive order by Mayor Leirion Gaylor Baird banning weapons on city property, as well as Lincoln city ordinances restricting the possession of weapons. The Liberty Justice Center also filed a petition in the Nebraska Supreme Court asking to bypass the Court of Appeals so the state’s highest court can hear the challenge immediately.
In April 2023, Nebraska enacted Legislative Bill 77 (LB 77), adopting constitutional carry statewide. To make regulations consistent across the state, the bill also nullified existing local laws regulating the possession and carrying of weapons and prohibited local governments from enacting new weapons laws not expressly authorized by state law.
When LB 77 took effect on September 1, 2023, the mayors of Omaha and Lincoln issued executive orders attempting to ban firearms from all city property, including but not limited to parks and trails. The Liberty Justice Center filed two lawsuits to challenge these firearms bans—one against the city of Lincoln and its mayor, and one against the city of Omaha and its mayor—on December 18, 2023.
On February 9, 2024, the Douglas County District Court issued an order granting the Liberty Justice Center’s request for a preliminary injunction against Omaha and its mayor. The order has halted enforcement of the Omaha ban while litigation continues, allowing Nebraskans to carry firearms on city property as state law allows.
By contrast, the Lancaster County District Court dismissed the case against the city of Lincoln on June 4, concluding that the plaintiffs lack standing to challenge Lincoln’s firearms restrictions because they have not shown that they face actual or threatened prosecution for violating them.
The Liberty Justice Center is representing the Nebraska Firearms Owners Association on behalf of its members, as well as several individuals who have long held concealed carry permits and, before the mayor’s executive order, regularly carried a firearm while using city parks and trails.
The Liberty Justice Center’s appeal urges the court to reverse the dismissal of the Lincoln plaintiffs’ claims, arguing that they have standing because Lincoln’s restrictions have forced them to change their conduct to avoid prosecution.
“The Mayor’s order directly defies a state law that protects Nebraskans’ right to concealed carry statewide. Our clients have a right to defend themselves, including when they use city parks and trails,” said Jacob Huebert, President of the Liberty Justice Center. “We’re urging the Court of Appeals and the Nebraska Supreme Court to reverse the trial court’s dismissal so the plaintiffs can use city parks again without surrendering their right to self-defense.”
Nebraska Firearms Owners’ Association v. Lincoln (NFOA v. Lincoln) was filed in the District Court of the Third Judicial District, Lancaster County, Nebraska, on December 18, 2023. The Liberty Justice Center’s case filings are available here.
Nebraska Firearms Owners’ Association v. Omaha (NFOA v. Omaha) was filed in the District Court of the Fourth Judicial District, Douglas County, Nebraska, on December 18, 2023. The Liberty Justice Center’s case filings are available here.