The Liberty Justice Center has announced it is going to court to fight two new "local firearm restrictions" that actually defy a state law protecting the right to bear arms.
The fight is developing in Nebraska, the organization confirmed, where officials in Omaha and Lincoln both have adopted new limits on the rights protected by the Second Amendment.
It is the state law under Legislative Bill 77, adopted just months ago, that allowed constitutional carry statewide.
"To make regulations consistent across the state, the bill also declared existing local firearm laws void and revoked local governments’ power to regulate firearms," the center revealed.
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However, in defiance, mayors in those two cities issued executive orders "banning all firearms from city property, including public parks and sidewalks."
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Liberty Justice Center pointed out the city council in Omaha also demanded, in a new ordinance, that "ghost gun" parts and manufacturing, as well as bump stocks, are banned.
The center said it is challenging the cities' moves against the Second Amendment because they are "null and void" under state law.
The legal filings also cite the mayors' violation of the constitutional separation of powers.
Just days ago, the attorney general in the state, Michael Hilgers, released an opinion stating that state law preempts the mayors' agendas.
"The attorney general’s opinion also stated that the orders’ ban on firearms on public spaces such as parks, trails, and sidewalks violates the right to bear arms protected by the Second Amendment and the Nebraska Constitution," the center reported.
Plaintiff in the fight is the Nebraska Firearms Owners Association, which represents more than 10,000 firearms owners in the state.
"The state of Nebraska enacted a law that protects the right to bear arms statewide," said Jacob Huebert, president of the Liberty Justice Center. "That law says that local governments can’t regulate firearms. The mayors of Omaha and Lincoln have defied state law with their executive orders, and we look forward to seeing those orders and other city firearms regulations struck down."
The case against Lincoln was filed in Lancaster County and the Omaha fight was filed in Douglas County.
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