The Nebraska Firearms Owners Association and gun enthusiasts are suing the mayors and cities of Omaha and Lincoln in Nebraska, claiming a concealed weapons ban on city property violates the Second Amendment.
Lawsuits were filed shortly after Nebraska Attorney General Michael Hilgers published an opinion stating, “Municipalities lack the authority to regulate the possession of firearms and certain weapons in quintessential public spaces, such as parks, trails and sidewalks.”
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Hilgers issued a formal opinion deeming the bans illegal. Gun control advocacy groups, such as Moms Demand Action, say Legislative Bill 77, which allows concealed carry without a permit, is “dangerous and opposed by public safety experts.” They called lawsuits against the local orders a stunt.
Liberty Justice Center, the legal arm of a conservative think tank called the Illinois Policy Institute, is representing the NFOA pro bono. Claims are that the restrictions on carrying guns violate LB 77, which made sweeping changes to Nebraska law when it passed in April. LB 77 aims to remove municipal authority to enact gun ordinances.
Before the bill passed, the state legislature allowed cities to have their own governance over firearms.
Omaha developed many laws regarding the possession and transportation of firearms, but these ordinances had an exception for those who owned a concealed carry weapon. A letter from Omaha City Attorney Mathew Kuhse emphasized to the City Council that under LB 77, “any city ordinance affecting the possession, ownership, transportation, sale, transfer or storage of a firearm is ‘declared to be null and void.’”
Kuhse told the Omaha World-Herald that the state law allows cities to prohibit concealed firearms on the premises and places under its control with conspicuous notice. The city will “defend this lawsuit and defend the ability of municipalities, such as Omaha, to protect the safety and health of its citizens within the bounds of the law.”
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In an August press release, Omaha Mayor Jean Stothert said her goal is to make sure “our citizens and employees should feel safe when at work, visiting a city facility for business or enjoying our parks.”
Stothert said she plans to meet with the city’s departments in the coming days to discuss the next steps.
