On August 29, the Liberty Justice Center celebrated a victory for Nebraskans’ Second Amendment rights in NFOA v. Lincoln where the state’s Supreme Court held that LJC’s plaintiffs have standing to bring their claims challenging local orders and ordinances that attempted to infringe on Nebraskans’ right to bear arms—in violation of both the Second Amendment and a 2023 law enacting constitutional carry across the state.
The Liberty Justice Center brought lawsuits against the cities of Lincoln and Omaha in December 2023, after the cities’ mayors enacted local firearms restrictions in defiance of state law—including banning all firearms from city property, public parks and sidewalks. The Liberty Justice Center’s lawsuits argue that the mayors’ restrictions violate the separation of powers, and furthermore that they are null and void because they are preempted by state law.
In February 2024, the Liberty Justice Center secured a court order prohibiting the city of Omaha from enforcing its attempted firearm ban while litigation continues.
In June 2024, a lower court dismissed the Liberty Justice Center’s Lincoln lawsuit, claiming that the plaintiffs lacked standing because they had not yet broken and been prosecuted under the firearms restrictions. The Liberty Justice Center successfully appealed the lower court’s decision. In today’s ruling, the Nebraska Supreme Court held that our individual clients do have standing to sue the city of Lincoln for their restrictive gun ordinances because the laws have forced them to change their behavior to avoid prosecution.
“We are pleased that now we can challenge these laws on the merits,” said Ryan Morrison, Senior Counsel at the Liberty Justice Center. “Following this victory, we will show the local governments of Lincoln and Omaha, that their firearms regulations violate the Second Amendment and state law.”
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.