On December 18, 2023, the Liberty Justice Center filed a lawsuit against the city of Lincoln, Nebraska, and the city’s mayor, challenging local firearm restrictions that defy a recent state law protecting the right to bear arms statewide.
In April 2023, the State of Nebraska passed Legislative Bill 77, which adopted constitutional carry statewide. To make regulations consistent across the state, the bill also declared existing local firearm laws void and revoked local governments’ power to regulate firearms. Despite this prohibition, the city of Lincoln failed to repeal its weapons ordinances. In addition, the city’s mayor banned all firearms from city property, including public parks and sidewalks.
The Liberty Justice Center’s lawsuit challenges the mayor’s executive order and the city’s ordinances because they are preempted—and therefore null and void—under state law. The lawsuit also challenges the mayor’s executive order for violating the constitutional separation of powers.
The Liberty Justice Center’s lawsuit follows an opinion by Nebraska Attorney General Michael Hilgers, published December 15, which stated that state law preempts the mayor’s executive order. The Attorney General’s opinion also stated that the orders’ ban on firearms on public spaces such as parks, trails, and sidewalks violates the right to bear arms protected by the Second Amendment and the Nebraska Constitution.
“The State of Nebraska enacted a law that protects the right to bear arms statewide,” said Jacob Huebert, President of the Liberty Justice Center. “That law says that local governments can’t regulate firearms. The mayor of Lincoln has defied state law with this executive order, and we look forward to seeing the order and other city firearms regulations struck down.”
The Liberty Justice Center represents the Nebraska Firearms Owners Association (NFOA), a 501(c)(4) organization representing over 10,000 firearm owners in the state of Nebraska. NFOA provides its members and the public with education, training, and resources for safe firearm use and is leading efforts within the state to defend Nebraskans’ Second Amendment rights.
“We are proud to stand beside the Liberty Justice Center to defend Nebraskans’ rights, our state laws, and the Constitution,” said Patricia Harrold, President of the Nebraska Firearms Owners Association.
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Jacob Huebert serves as the president of the Liberty Justice Center. He previously served as the Liberty Justice Center’s Director of Litigation. In that role, he successfully litigated cases to protect economic liberty, free speech and other constitutional rights. Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times and Fox News Channel.
Loren A. Seehase is a Senior Counsel at Liberty Justice Center where she litigates cases to protect the rights to free speech, economic liberty, private property, and other Constitutional rights in both federal and state courts across the country.
Noelle Daniel is a staff attorney at Liberty Justice Center where she assists in cases to protect the rights to free speech, economic liberty, private property, and other Constitutional rights in courts across the country.
(Bearing Arms)—In the wake of Nebraska adopting Constitutional Carry in 2023, the mayors of Lincoln and Omaha expressed their opposition to the move by making some moves of their own; banning lawful concealed carry from all city property via executive orders. Nebraska has had a firearms preemption law in place...
(Nebraska Public Media)—The Nebraska Supreme Court heard oral arguments Thursday in a case likely to determine if a person must violate a law before they have standing to challenge the law in court. The case stems from a lawsuit brought by gun owners against the City of Lincoln over an...
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(Nebraska Television Network)—The Nebraska Supreme Court heard arguments Thursday regarding a lawsuit filed by the Liberty Justice Center (LJC) challenging an executive order issued by Lincoln Mayor Leirion Gaylor Baird. The order, enacted in September 2023, bans weapons on city property. Jacob Huebert, president of the LJC, said the mayor’s...
(1011 Now/KOLN)—The Nebraska Supreme Court heard arguments Thursday over a legal challenge to an executive order and city ordinances regulating firearms on city property in Lincoln. The lawsuit targets Lincoln Mayor Leirion Gaylor Baird’s executive order banning weapons in city parks, trails, and other public spaces, along with several city...
(Nebraska Examiner)—The lawyer for four Lincoln-area gun owners told the Nebraska Supreme Court during oral arguments Thursday that his clients shouldn’t need to break a Lincoln city ordinance to gain the legal standing to sue and stop a weapons ban on city property. Jacob Huebert, a Texas-based lawyer for the...
(Lincoln Journal Star)—The Nebraska Supreme Court is set to hear arguments Thursday morning in a legal challenge brought against the city of Lincoln over the city’s ban on guns in public places. The Nebraska Firearms Owners Association and four gun owners — three from Lincoln and a fourth from Seward...
(Tampa Free Press)—The Nebraska Supreme Court will hear oral arguments Thursday in a high-profile legal battle over gun rights, as the Liberty Justice Center challenges Lincoln Mayor Leirion Gaylor Baird’s executive order banning firearms on city property, including public parks and trails. The case pits local authority against newly established...
(Nebraska Examiner)—The Nebraska Supreme Court has agreed to weigh in on whether a group of gun owners needs to run afoul of Lincoln weapons ordinances and an executive order by Mayor Leirion Gaylor Baird before suing the city for enacting them. The Nebraska Firearms Owners Association, with help from the...
(KMTV Action 3 News)—’Constitutional carry’ has been an issue among lawmakers since it went into effect in 2023. On Friday, the Nebraska Supreme Court announced it’ll hear a lawsuit challenging Lincoln’s gun restrictions. Jacob Huebert, president of the Liberty Justice Center says the state should strike the city restrictions and...