Media Alert: Nebraska Court to Consider Preliminary Injunction in Second Amendment Case

January 12, 2024

Oral Arguments in NFOA v. Omaha to Take Place January 19

WHAT: On January 19th, the Douglas County Court will hear oral arguments on the Liberty Justice Center’s motion for a preliminary injunction in Nebraska Firearms Owners Association v. Omaha. If granted, the injunction will halt the enforcement of recent firearms orders, restrictions, and ordinances enacted by the city of Omaha—in violation of state law—while litigation is ongoing.

WHO: Jacob Huebert, President of the Liberty Justice Center

WHEN: 10:00 a.m. CST, Friday, January 19th, 2024

WHERE: Courtroom 502

Douglas County Courthouse

Hall of Justice

1701 Farnam Street, F2

Omaha, NE 68183

HOW: This hearing will be open to the public.

Reporters interested in taking pictures or videos of the proceedings must have or apply for credentialing through the Nebraska court system (available here) and submit a Request for Expanded News Coverage of Proceedings (available here) one week prior to the hearing. Requests submitted after January 12th must fill out the request to waive the advance notice deadline, located within the form.

Requests may be sent to the Douglas County Court Media Coordinator at [email protected] and should include the name of the media outlet, the outlet’s network or publisher affiliation, and the requestor’s email address and phone number, along with the following information:

Court: County Court of Douglas County, Nebraska

Case Number: D01CI230009905

Case Name: Nebraska Firearms Owners Association (NFOA) v. Omaha

Hearing Date: January 19, 2024

Judge: Judge LeAnne Srb

For other questions about covering court proceedings, contact the Nebraska Supreme Court Public Information Officer at [email protected].

ISSUE BACKGROUND: On December 18, 2023, the Liberty Justice Center launched two new lawsuits challenging local firearm restrictions in Omaha and Lincoln, Nebraska, that defy a recent state law protecting the right to bear arms statewide.

Although the State of Nebraska enacted legislation in April 2023 adopting constitutional carry across the state—and declaring existing local firearm laws void to make regulations consistent—the mayors of Omaha and Lincoln issued executive orders banning all firearms from city property. The Liberty Justice Center is challenging the cities’ firearms orders and ordinances because they are prohibited—and therefore null and void—under state law. The lawsuits also challenge the mayors’ executive orders for violating the constitutional separation of powers.

The Liberty Justice Center’s lawsuits follow the Nebraska Attorney General’s formal opinion that state law preempts the mayors’ executive orders, and that the orders’ ban on firearms in public spaces, including parks, trails, and sidewalks, violates the right to bear arms protected by the Second Amendment and the Nebraska Constitution.

The Liberty Justice Center’s case filings in NFOA v. Omaha are available here, and a press release on the launch of the two cases is available here.


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