The Liberty Justice Center Secures Court Order Blocking Enforcement of Omaha Mayor’s Executive Order Banning Firearms on City Property

February 9, 2024

On February 9, the Liberty Justice Center announced a victory against executive overreach as the Douglas County District Court granted a preliminary injunction preventing the city of Omaha from enforcing an order issued by Omaha Mayor Jean Stothert, which banned firearms from all city property, including parks, trails, and neighboring sidewalks.

In 2023, the State of Nebraska enacted Legislative Bill 77 (LB 77), which adopted constitutional carry statewide, nullified local laws regulating the possession and carrying of firearms, and forbade local governments from enacting new regulations on the possession and carrying of firearms. Nonetheless, when LB 77 took effect, Mayor Stothert issued an executive order banning firearms from all city property.

On December 18, 2023, the Liberty Justice Center sued the Mayor and the city on behalf of the Nebraska Firearms Owners Association and several of its members, arguing that LB 77 preempted the order. The Liberty Justice Center also sought a preliminary injunction to block the order while the lawsuit is pending. Judge LeAnn Srb of the Douglas County District Court heard arguments on the motion for a preliminary injunction on January 19.

On February 9, Judge Srb issued an order granting the Liberty Justice Center’s motion to enjoin the executive order. As a result, Nebraskans are now free to carry firearms on public property as state law allows.

The court also heard arguments challenging Omaha’s ordinances banning firearm parts and bump stocks, but did not grant injunctions or otherwise rule on those ordinances.

“We are thrilled with the court’s decision to grant this injunction and uphold Nebraskans’ rights against executive overreach,” said Jacob Huebert, President of the Liberty Justice Center. “Under Nebraska law, local governments do not have the authority to regulate firearms—the right to bear arms is protected across the state. The court rightly blocked the mayor’s order, and we’ll now proceed toward a final order striking it down permanently.”

On February 27, in a hearing on the sister case Nebraska Firearms Owners’ Association v. Lincoln, the Liberty Justice Center will argue in favor of a second preliminary injunction to halt similar orders and ordinances by the Mayor and City Council of Lincoln, Nebraska.

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.


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