(Tampa Free Press)—The Nebraska Supreme Court will hear oral arguments Thursday in a high-profile legal battle over gun rights, as the Liberty Justice Center challenges Lincoln Mayor Leirion Gaylor Baird’s executive order banning firearms on city property, including public parks and trails.
The case pits local authority against newly established state law after Nebraska enacted sweeping constitutional carry protections last year.
At the heart of the case is Legislative Bill 77, passed in April 2023, which implemented constitutional carry statewide, nullifying local firearm regulations and standardizing gun laws across Nebraska. Despite the legislation, Lincoln maintained its own weapons ordinances, and Mayor Gaylor Baird issued an executive order banning weapons on city-owned property.
The Liberty Justice Center, a national public-interest law firm, filed the lawsuit on behalf of the Nebraska Firearms Owners Association and several of its members, arguing that the executive order and ordinances are unconstitutional and preempted by state law.
A district court in Lincoln previously dismissed the lawsuit, claiming the plaintiffs lacked standing because they had not been prosecuted under the challenged laws.
However, Jacob Huebert, President of the Liberty Justice Center, argues that forcing citizens to break the law in order to challenge it is both unjust and unconstitutional.
The case has drawn national attention, especially among Second Amendment advocates.
In December 2023, Nebraska Attorney General Michael Hilgers issued a formal opinion stating that Mayor Gaylor Baird’s executive order is preempted by state law and likely violates both the Second Amendment and the Nebraska Constitution.
Mayor Gaylor Baird has defended her executive action as a necessary public safety measure, particularly in parks and recreational areas. Her office has not commented publicly on the upcoming Supreme Court hearing.
The outcome of the case could set a precedent for how far local governments can go in regulating firearms after state-level constitutional carry laws are enacted. If the Nebraska Supreme Court rules in favor of the Liberty Justice Center, it could strike down the Lincoln ordinances and executive order, reaffirming that state law overrides local firearm restrictions.
Correction: The original story listed that the hearing is on Wednesday. However, the hearing is scheduled for Thursday.