Lawsuits have been filed against the mayors of Omaha and Lincoln, Nebraska, alleging violations of a recent state gun law that prohibits local restrictions on carrying firearms in public places such as parks. The legal actions, filed by the Liberty Justice Center on behalf of the Nebraska Firearms Owners Association on December 18, challenge executive orders issued by Omaha Mayor Jean Stothert and Lincoln Mayor Leirion Gaylor Baird.
In April, Nebraska lawmakers passed a bill allowing concealed carry of guns without a permit and without the need for a gun safety course. The legislation also asserted its authority over stricter local laws, including those in Omaha and Lincoln.
According to the lawsuits, despite the state law, both mayors issued executive orders prohibiting firearms on city property, including parks and sidewalks. The legal challenges argue that these orders defy the state law, which explicitly prevents local governments from regulating firearms.
Jacob Huebert, president of the Liberty Justice Center, emphasized the directness of the state law, asserting that local governments cannot regulate firearms. He 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.”
Lincoln’s city attorney, Yohance Christie, defended the city’s actions, stating they are in compliance with the law and aimed at protecting residents and visitors. Omaha City Attorney Matt Kuhse argued that the state law allows cities to prohibit concealed firearms on their premises with conspicuous notice, asserting the city’s intent to defend against the lawsuit.
The legal disputes come on the heels of an opinion by Nebraska Attorney General Michael Hilgers, who declared that state law supersedes mayoral executive orders. The opinion further contended that the orders infringe on residents’ Second Amendment rights and violate the Nebraska Constitution.