NFOA v. Omaha

NFOA v. Omaha challenges local firearm restrictions in Omaha, 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 Omaha, 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 mayor of Omaha issued an executive order banning all firearms from city property, including public parks and sidewalks. In addition, Omaha’s City Council passed an ordinance banning “ghost gun” parts and manufacturing, as well as bump stocks.

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 Omaha 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.


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

The Hill
February 10, 2024

(The Hill)—A district judge barred Nebraska’s largest city, Omaha, from enforcing a ban on guns in all public spaces Friday as an ongoing lawsuit challenging the restrictions is being considered. A preliminary injunction was issued by Douglas County District Judge LeAnne Srb, blocking the city ban, according to The Associated...

Nebraska Examiner
February 9, 2024

(Nebraska Examiner)—Handguns are legal now in Omaha’s city parks, trails, sidewalks and parking areas after a judge issued a preliminary injunction Friday against Mayor Jean Stothert’s executive order limiting handgun possession on most city property. Douglas County District Judge LeAnne Srb paused the order that Stothert issued last summer after...

Associated Press
February 9, 2024

(Associated Press)—Nebraska’s largest city won’t be able to enforce its ban on guns on all public property, including parks and sidewalks, while a lawsuit challenging that restriction moves forward. Douglas County District Judge LeAnne Srb issued a preliminary injunction Friday blocking that ban, but she refused to put Omaha’s restrictions...

Omaha World-Herald
January 19, 2024

(Omaha World-Herald)—Attorneys for a gun owners group and the City of Omaha debated a fine point of Nebraska’s new constitutional carry legislation during oral arguments Friday in the gun owners’ lawsuit against the city. Does an exception in state law under which property owners may prohibit concealed carry on their...

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,...

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...

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 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...

Case Documents

December 18, 2023
December 18, 2023



Nebraska Firearms Owners Association v. Omaha


December 18, 2023


District Court of the Fourth Judicial District, Douglas County, Nebraska




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