The Nebraska Supreme Court has issued an order announcing that it will hear the Liberty Justice Center’s legal challenge to several Lincoln weapons ordinances and an executive order by Mayor Leirion Gaylor Baird banning firearms on city property—even parks and trails—because they violate a state law protecting the right to bear arms statewide and banning local weapons regulations.
In April 2023, Nebraska enacted Legislative Bill 77, which establishes “constitutional carry” across the state, nullifies local laws that regulate weapons, and prohibits local governments from enacting new weapons regulations not expressly authorized by state law. When Legislative Bill 77 took effect that September, the mayors of Omaha and Lincoln immediately issued executive orders banning firearms from all city property, including parks, trails, and sidewalks. The city of Lincoln also declined to repeal many existing ordinances regulating the possession of weapons.
The Liberty Justice Center filed lawsuits against Omaha and Lincoln to challenge these executive orders and ordinances in December 2023. The Liberty Justice Center represents the Nebraska Firearm Owners Association and several individuals who have long held concealed carry permits and, prior to the mayors’ executive orders, regularly carried a firearm for self-defense while using city parks and trails.
In February 2024, the Liberty Justice Center secured a court order prohibiting the city of Omaha from enforcing its attempted firearm ban while litigation continues.
In June 2024, a lower court dismissed the Liberty Justice Center’s Lincoln lawsuit, alleging that the plaintiffs lacked standing because they had not been prosecuted for violating the order and ordinances they challenged. The Liberty Justice Center appealed the lower court’s decision to the state Court of Appeals, arguing that its clients have standing because the laws have forced them to change their behavior to avoid prosecution. The Liberty Justice Center also filed a motion with the Nebraska Supreme Court to bypass the Court of Appeals and have the state’s highest court hear the legal challenge immediately.
On January 16, the Nebraska Supreme Court issued an order granting the Liberty Justice Center’s petition. The Court has not yet announced a hearing date.
“State law plainly protects Nebraskans’ right to carry a firearm statewide—and prohibits local governments from regulating weapons. We are pleased that the Nebraska Supreme Court considered this case important enough to review immediately, and we look forward to holding the mayor and the city accountable for their overreach,” said Jacob Huebert, President of the Liberty Justice Center.
The Liberty Justice Center is also challenging restrictive firearms laws in Minnesota, where the state’s failure to grant reciprocity to other states’ lawfully issued firearms permits is infringing on the Second Amendment rights of long-haul truckers like David McCoy and Jeffrey Johnson.
Nebraska Firearms Owners’ Association v. Lincoln (NFOA v. Lincoln) was filed in the District Court of the Third Judicial District, Lancaster County, Nebraska, on December 18, 2023. The Liberty Justice Center’s case filings are available here.
Nebraska Firearms Owners’ Association v. Omaha (NFOA v. Omaha) was filed in the District Court of the Fourth Judicial District, Douglas County, Nebraska, on December 18, 2023. The Liberty Justice Center’s case filings are available here.