The Nebraska Supreme Court is set to review a case concerning local handgun restrictions in Lincoln. The case, brought by the Nebraska Firearms Owners Association with support from the Liberty Justice Center, challenges the city’s authority to enforce stricter gun laws despite state regulations. The lawsuit argues that Lincoln’s ordinances and an executive order by Mayor Leirion Gaylor Baird violate state law and the rights of gun owners.
The legal dispute stems from Legislative Bill 77, passed in 2023. The law, introduced by then-State Senator Tom Brewer, legalized the concealed carry of handguns without a permit or state-mandated training. It also restricted the ability of cities with home-rule charters, like Lincoln and Omaha, from enforcing gun laws stricter than those set by the state. Before the law’s passage, both cities had used their local authority to regulate firearms and combat gang violence.
Despite the new law, both Lincoln and Omaha continued enforcing bans on handguns in public spaces such as parks, trails, and city buildings. Mayor Gaylor Baird and Omaha Mayor Jean Stothert defended the bans, stating they were essential for public safety. Lincoln City Attorney Yohance Christie maintained that the city’s actions aligned with state law and were necessary to ensure safety and quality of life for residents. Omaha’s City Attorney Matt Kuhse also defended the city’s legal position.
The case against Omaha saw a district judge in Douglas County temporarily block the enforcement of Stothert’s gun-related executive order until the lawsuit is fully reviewed. Meanwhile, the Lincoln case has faced procedural delays, preventing a clear resolution. The Nebraska Supreme Court’s involvement will determine whether the lower court was correct in ruling that gun owners must first be prosecuted for violating the ordinances before they can legally challenge them.
Lawyers from the Liberty Justice Center argue that gun owners should not have to risk arrest before challenging the law. They claim that the existence of the ordinances alone has already forced gun owners to alter their behavior, restricting their right to carry in certain areas. Patricia Harrold, president of the Nebraska Firearms Association, reaffirmed the group’s commitment to protecting the Second Amendment and ensuring that state and federal gun laws are applied uniformly across Nebraska.
Harrold emphasized that Lincoln and Omaha must comply with the same laws as the rest of the state. She argued that gun owners should be allowed to exercise their right to keep and bear arms without unnecessary local restrictions.
Jacob Huebert, president of the Liberty Justice Center, stated that his team is prepared to prove that Nebraska’s law prohibits cities from limiting the right to carry firearms statewide. He expressed satisfaction that the Nebraska Supreme Court has decided to hear the case and is hopeful the court will hold local officials accountable for their actions.
The court’s ruling could have significant implications for gun laws across Nebraska, clarifying the extent to which local governments can impose firearm restrictions beyond state laws. As the case moves forward, both gun rights advocates and city officials will be closely watching for a decision that could set a legal precedent for future firearm regulations in the state.
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