Nebraska Supreme Court Allows Lincoln Gun Owners to Challenge City Firearm Ban
Nebraska Supreme Court Allows Lincoln Gun Owners to Challenge City Firearm Ban

Nebraska Supreme Court Allows Lincoln Gun Owners to Challenge City Firearm Ban

News summary

The Nebraska Supreme Court ruled that four individual gun owners have legal standing to sue the City of Lincoln over its ordinance banning weapons, including for those with state concealed carry permits, on city-owned property such as parks. The case challenges the city's regulations enacted after the 2023 state law (LB 77) allowed permitless concealed carry and prohibited local firearm regulations. While the court found that the Nebraska Firearms Owners Association lacks standing to sue, it held that the individuals face a credible threat of prosecution, allowing a pre-enforcement challenge to proceed. This ruling overturns a lower court's dismissal and sends the case back to Lancaster County District Court for further consideration on the merits. The lawsuit centers on state law supremacy over local ordinances and questions the enforceability of city bans that conflict with state provisions. Lawyers representing the gun owners emphasize that individuals should not have to risk criminal charges to assert their rights under state law.

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