One of the major pieces of legislation that Nebraska State Senators passed this year was LB 77, a bill which prevents cities, towns and villages from putting gun restrictions on citizens who care to arm themselves without a conceal-carry permit. As soon as the law went into effect on September 1 both mayors of the cities of Lincoln and Omaha enacted their own executive orders reinstating their city’s gun free zones in public buildings, city parks, sidewalks, hiking trails, and parking lots. Their executive orders essentially nullified the effect of the bill.
Sen.Tom Brewer of Gordon, the primary sponsor of the bill, asked for an opinion about the new law from the Nebraska State Attorney General, Mike Hilgers. Specifically, Sen. Brewer asked if existing laws were sufficient to prevent cities, towns and villages from further regulating the carrying of firearms in public places, such as parks, parking lots, sidewalks, and hiking trails. Hilgers responded by saying that no further legislation would be needed. However, the State Attorney General’s opinion conflicts with the opinion of the mayors of our State’s two largest cities, who believe they are operating within the confines of the law.
Last week the Nebraska Firearms Owners Association filed lawsuits against the cities of Lincoln and Omaha challenging the executive orders of these two mayors. According to the Nebraska Firearms Owners Association, the executive orders of the two mayors violate Article 1 of the Nebraska State Constitution, the Second Amendment of the United States Constitution, and the new state law. I believe they are correct and that they will win in court.
