(KOLN)—A law firm representing a Nebraska firearms group has filed an appellate brief in the Nebraska Court of Appeals in hopes of overturning a lower court order that dismissed a case against the City of Lincoln and Mayor Leirion Gaylor Baird regarding several firearm restrictions.
The lawsuit, filed on Dec. 18, 2023, brought by the Nebraska Firearms Owners Association challenged the mayor’s weapon policy rule along with several municipal codes which regulate weapons. It followed an executive order from Mayor Gaylor Baird after the signing of LB 77.
The executive order prohibited weapons from being present on city property under penalty of trespassing. The association moved to end this rule, as well as change Lincoln Municipal Code regarding weapons in parks, weapons sale reporting and three other rules.
On June 4, the Lancaster County District Court dismissed the case against the city, on grounds of lack of standing.
Now, the law firm, the Liberty Justice Center, announced they filed an appellate brief in the Nebraska Court of Appeals. In addition, they also filed a petition in the Nebraska Supreme Court asking to bypass the Court of Appeals so they can hear the challenge immediately.
The law firm’s appeal urges the court to reverse the dismissal of the Lincoln plaintiffs’ claims, arguing that they have standing because Lincoln’s restrictions have forced them to change their conduct to avoid prosecution.
“The mayor’s order directly defies a state law that protects Nebraskans’ right to concealed carry statewide. Our clients have a right to defend themselves, including when they use city parks and trails,” Jacob Huebert, President of the Liberty Justice Center, said. “We’re urging the Court of Appeals and the Nebraska Supreme Court to reverse the trial court’s dismissal so the plaintiffs can use city parks again without surrendering their right to self-defense.”