Case

NFOA v. Lincoln

NFOA v. Lincoln challenges local firearm restrictions in Lincoln, Nebraska, that defy a recent state law protecting the right to bear arms statewide.

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.

Attorneys

Jacob Huebert

Jacob Huebert

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 JournalNew York Times and Fox News Channel.

Loren Seehase

Loren Seehase

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

Noelle Daniel

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.

Case Press Releases

Case In The News

Associated Press
December 26, 2023

(Associated Press)—Nebraska’s two largest cities are violating a new state gun law by prohibiting them from public places such as parks, according to two recent lawsuits. The Liberty Justice Center filed lawsuits Dec. 18 challenging executive orders issued by the mayors of Omaha and Lincoln. The lawsuits allege that the...

The Daily Caller
December 26, 2023

(The Daily Caller)—Earlier this year, Nebraska became the 27th state to enact “constitutional carry,” allowing people to carry a firearm, open or concealed, without a permit from the government. To protect the right to bear arms statewide, the state legislature also banned local governments from enacting any regulations on firearms,...

KETV
December 20, 2023

Gun rights advocates will take Omaha and Lincoln to court over the right to bear arms on city property. The lawsuit calls new ordinances unconstitutional, and it follows a similar opinion from Nebraska’s Attorney General. “The law here is very straightforward,” Jacob Huebert with the Liberty Justice Center is talking...

KLKN
December 20, 2023

(KLKN)—Legal action is being taken against bans on firearms on city property in Lincoln and Omaha. A group representing the Nebraska Firearms Owners Association filed lawsuits against the cities on Monday over their bans on guns in places like parks, trails and sidewalks. The Liberty Justice Center, which is representing the nonprofit...

The Epoch Times
December 20, 2023

(The Epoch Times)—Nebraska’s two largest cities have been sued over their refusal to comply with a state law permitting the concealed carry of weapons without a permit. On Dec. 18, the Liberty Justice Center, a non-profit, public interest litigation firm, sued the cities of Omaha and Lincoln in their respective...

The Center Square
December 19, 2023

(The Center Square)—The Liberty Justice Center filed two lawsuits regarding local firearm restrictions in Omaha and Lincoln, Nebraska, this week. The Liberty Justice Center argues that the restrictions violate a recent state law protecting the right to bear arms, according to a press release it issued. Nebraska passed Legislative Bill 77 into law...

The Nebraska Examiner
December 18, 2023

(The Nebraska Examiner)—Nebraska gun owners sued the Cities of Omaha and Lincoln on Monday after telling city leaders this fall that enacting new local gun-related restrictions risked violating a new state law and their constitutional rights. The Nebraska Firearms Owners Association filed district court lawsuits in Douglas and Lancaster Counties...

The Daily Signal
December 18, 2023

(The Daily Signal)—FIRST ON THE DAILY SIGNAL—A conservative legal group is set to file lawsuits Monday against Nebraska’s two largest cities, arguing that they are defying a state law on gun rights. The Liberty Justice Center is challenging gun restrictions enacted in Lincoln and Omaha, contending that the ordinances flout...

The Nebraska Examiner
November 19, 2023

(The Nebraska Examiner)—Omaha’s mayor signed the last of two new gun-related ordinances and resolutions aimed at carving out some local tools against gun violence after the Nebraska Legislature cracked down on cities with stricter local gun ordinances than state law. The newest ordinance bans “bump stocks” or trigger activators. The...

The Nebraska Examiner
November 9, 2023

(The Nebraska Examiner)—Omaha Mayor Jean Stothert has signed the new ordinance from City Councilman Pete Festersen banning possession of the kits used to build home-assembled handguns. She also signed both gun-related resolutions adopted by the City Council. The measures were proposed in response to Legislative Bill 77, the state’s new...

Case Documents

December 18, 2023
December 18, 2023

ABOUT

NAME

Nebraska Firearms Owners Association v. Lincoln

FILED

December 18, 2023

COURT

District Court of the Third Judicial District, Lancaster County, Nebraska

STATUS

Pending

Media

To schedule an interview about this case, please contact us.