(Tampa Free Press)—The Nebraska Supreme Court has announced it will hear the Liberty Justice Center’s challenge to Lincoln’s firearms restrictions, including an executive order issued by Mayor Leirion Gaylor Baird banning guns on city property, such as parks, trails, and sidewalks. The lawsuit contends that these measures violate Nebraska’s statewide law protecting the right to bear arms and prohibiting local weapons regulations.
In April 2023, Nebraska enacted Legislative Bill 77, a sweeping law establishing “constitutional carry,” nullifying local weapons laws, and banning local governments from enacting new firearms regulations not explicitly authorized by state law.
When the bill took effect in September 2023, Omaha and Lincoln responded with executive orders banning firearms on all city property. Lincoln also chose not to repeal several existing ordinances regulating firearm possession.
The Liberty Justice Center, representing the Nebraska Firearm Owners Association and individual gun owners, filed lawsuits against both cities in December 2023. The plaintiffs argue that the local restrictions infringe on their constitutional right to carry firearms statewide for self-defense, particularly in parks and trails where they had previously carried concealed weapons under valid permits.
In February 2024, a district court issued an order preventing Omaha from enforcing its firearm ban while the case proceeds. However, in June 2024, a lower court dismissed the Liberty Justice Center’s lawsuit against Lincoln, citing a lack of standing since the plaintiffs had not been prosecuted under the challenged laws.
The Liberty Justice Center appealed the Lincoln case, arguing that their clients have standing because they have altered their behavior to avoid prosecution. On January 16, the Nebraska Supreme Court granted a petition to bypass the Court of Appeals and hear the case directly. A hearing date has not yet been announced.
Jacob Huebert, President of the Liberty Justice Center, expressed optimism about the Supreme Court’s decision to intervene.
“State law plainly protects Nebraskans’ right to carry a firearm statewide—and prohibits local governments from regulating weapons,” Huebert said. “We are pleased that the Nebraska Supreme Court considered this case important enough to review immediately, and we look forward to holding the mayor and the city accountable for their overreach.”
The Liberty Justice Center is also engaged in similar legal battles in other states, including a challenge to Minnesota’s restrictive firearms laws, which the group argues infringe on Second Amendment rights.
Nebraska Firearms Owners’ Association v. Lincoln (NFOA v. Lincoln) was filed in Lancaster County’s District Court on December 18, 2023.
Nebraska Firearms Owners’ Association v. Omaha (NFOA v. Omaha) was filed the same day in Douglas County.
Both cases highlight the ongoing national debate over state and local control of gun regulations and the scope of Second Amendment protections.