In a recent oral argument before the Nebraska Supreme Court, a lawyer representing Lincoln-area gun owners argued that his clients should not have to break a city ordinance in order to have legal standing to challenge a weapons ban on city property. The lawsuit, which echoes a similar case in Omaha, challenges local restrictions on handguns in parks and public spaces, citing Legislative Bill 77 passed in 2023 that outlawed most local gun restrictions.
Both the Lincoln and Omaha cases argue that cities cannot ban guns in public spaces due to the state law, which allows Nebraskans to carry concealed handguns without a permit or training. However, the City of Lincoln’s attorney argued that the plaintiffs lacked standing as they had not broken the law and had not been prosecuted for the offense. Meanwhile, the attorney for the gun owners argued that his clients should not have to violate a law to challenge its constitutionality.
The focus of the Supreme Court justices during the oral arguments was on the issue of standing to sue, rather than the constitutionality of the weapons ban. The court is expected to issue a written order once a decision is made. Both cases highlight the ongoing legal battle between state laws allowing gun rights and city ordinances that seek to regulate weapons on public property.
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