Legal Action: Omaha and Lincoln’s Carry Restrictions Found to Violate Nebraska Law

Two recent lawsuits have been filed alleging that Nebraska’s two largest cities are violating a new state gun law by prohibiting firearms in public places such as parks. The Liberty Justice Center filed the lawsuits on Dec. 18, challenging executive orders issued by the mayors of Omaha and Lincoln. The lawsuits claim that these orders are in violation of the new state gun law and were filed on behalf of the Nebraska Firearms Owners Association.

In April, state lawmakers passed a bill allowing people to carry concealed guns across the state without a permit and without the need to complete a gun safety course. The bill also overrides stricter local laws, such as those in Omaha and Lincoln.

The lawsuits argue that despite the new state law, Omaha Mayor Jean Stothert and Lincoln Mayor Leirion Gaylor Baird issued executive orders banning all firearms from city property, including parks and sidewalks. They also allege that the Omaha City Council banned “ghost gun” parts and manufacturing, and the Lincoln City Council has not repealed ordinances regulating weapons.

President of the Liberty Justice Center, Jacob Huebert, stated, “The mayors of Omaha and Lincoln have defied state law with their executive orders, and we look forward to seeing those orders and other city firearms regulations struck down.”

Despite the lawsuits, Lincoln’s city attorney, Yohance Christie, defended the city’s actions, stating that they are in compliance with the law and are meant to protect the safety and quality of life of residents and visitors. Similarly, Omaha City Attorney Matt Kuhse argued that the state law allows cities to prohibit concealed firearms “on the premises and places under its control with conspicuous notice,” and stated that the city will defend its ability to protect the safety and health of its citizens within the bounds of the law.

These lawsuits were filed shortly after Nebraska Attorney General Michael Hilgers published an opinion stating that state law preempts executive orders from the mayors, and that the executive orders violate residents’ Second Amendment rights and the Nebraska Constitution.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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