(Nebraska Television Network)—The Nebraska Supreme Court heard arguments Thursday regarding a lawsuit filed by the Liberty Justice Center (LJC) challenging an executive order issued by Lincoln Mayor Leirion Gaylor Baird.
The order, enacted in September 2023, bans weapons on city property.
Jacob Huebert, president of the LJC, said the mayor’s order contradicts state law.
“In 2023, the Nebraska legislature passed a law establishing constitutional carry statewide, and abolishing local restrictions on weapons that aren’t expressly authorized by state law,” he said. The LJC filed the lawsuit on behalf of the Nebraska Firearms Owners Association (NFOA).
Huebert noted that the mayor’s order extends to parks and trails.
“We represent clients who previously did exercise their right to concealed carry in parks and trails, but have stopped because of the mayor’s order, because they don’t want to be criminally prosecuted,” he said.
The appeal follows a district trial court’s dismissal of the LJC’s case. Lincoln’s attorney, Yohance Christie, argued that the NFOA lacks standing because the order was not enforced against them.
“The only issue in front of you today is standing. That is the only issue. As you know, standing inquiry is not whether the claim has merit, it’s whether the plaintiff is the proper party to serve the claim,” Christie said.
Huebert countered that the district court also challenged other ordinances regulating weapons in Lincoln.
“They also challenged certain other ordinances regulating weapons that are still on the books in Lincoln, and for those too the trial court said they haven’t shown that this was enforced against them, so they don’t have standing to challenge these things,” he said.
The LJC maintains that Nebraskans should not have to break the law to challenge it. The Supreme Court’s decision is pending, with updates expected at a later date.