On April 3, the Nebraska Supreme Court will hear oral arguments in the Liberty Justice Center’s legal challenge to Lincoln Mayor Leirion Gaylor Baird’s executive order banning weapons on city property, including city parks and trails, and several Lincoln city ordinances regulating weapons. These restrictions conflict with Nebraska’s Legislative Bill 77, which adopted “constitutional carry” statewide and declared local firearm restrictions null and void.
The Liberty Justice Center brought the lawsuit on behalf of the Nebraska Firearms Owners Association and several of its members. A district court judge in Lincoln dismissed the lawsuit, ruling that the plaintiffs lacked standing because they had not been prosecuted for violating the order and ordinances.
At this week’s argument, Liberty Justice Center President Jacob Huebert will argue that the plaintiffs need not break these laws and subject themselves to arrest and prosecution to be able to challenge their validity.
WHO:
Jacob Huebert, President of the Liberty Justice Center
WHEN:
9 a.m. CST, Thursday, April 3, 2025
WHERE:
State Capitol Building
Supreme Court Courtroom
1445 K Street
Lincoln, NE 68509
HOW: Oral arguments before Nebraska’s Appellate Courts can be viewed live from Nebraska Public Media’s Live & On Demand: State Government website.
The courtroom will also be open to the press and public on a first come, first serve basis. Any media outlets wanting courtroom video should contact the Supreme Court Public Information Officer at [email protected] requesting a Dropbox link to the courtroom video file. If requests are made at least a week prior to argument, Nebraska Educational Television will switch cameras between the judges and the attorney podium.
ISSUE BACKGROUND: In April 2023, the State of Nebraska passed Legislative Bill 77, which adopted constitutional carry statewide and made regulations consistent across the state by revoking local governments’ power to regulate firearms. Despite this prohibition, the city of Lincoln failed to repeal its weapons ordinances and the city’s mayor issued an executive order banning weapons from city property, including public parks and trails.
The Liberty Justice Center’s lawsuit challenges the mayor’s executive order and several city 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, 2023, which stated that state law preempts the mayor’s executive order. The Attorney General’s opinion also stated that the order’s ban on firearms on public spaces violates the right to bear arms protected by the Second Amendment and the Nebraska Constitution.
The Liberty Justice Center’s legal filings in NFOA v. Lincoln are available here.