Judge Hears Challenge to Lincoln, NE Park Gun Ban

Nebraska hasn't had preemption all that long, and its law doesn't provide a lot of exceptions. So, it's not surprising that the city of Lincoln is in court.

You see, despite preemption being the law of the land, Lincoln officials saw fit to ban guns in parks. I guess they figured that because they were a home rule city, they could do it.

Now, as I already noted, they're in court about it.

A district judge heard arguments Thursday in a legal challenge to Lincoln's ban on firearms in city parks brought by four area gun owners who argue it is preempted by the state's constitutional carry law, passed in 2023.

It was the first major move in the case since August, when the Nebraska Supreme Court said the lawsuit could go forward.

"Plaintiffs want to carry their firearms for self-defense, which is their right under federal and state law," said Ryan Morrison, of the Texas-based Liberty Justice Center, who represents the four men.

The four submitted declarations in the case saying prior to the executive order they carried their firearms into city parks, on hiking and biking trails and at dog parks and now don't use those city spaces because they no longer can.

After first talking about municipal codes dealing with switchblade knives and multiverse triggers and a reporting requirement for anyone who deals in firearms, which the city since has made voluntary, Morrison said: "Finally, we arrive at the most disputed issue, which is the city's ban on carrying firearms in parks and on certain sidewalks."

Morrison said the plaintiff's claim is simple. Lincoln Municipal Code Section 12.08.200 and executive order 97985 are preempted by LB77, which said municipal regulations of the possession of firearms are "null and void."

And it really is that clear. In fact, regarding home rule, the state's preemption measure notes: 

(2) Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to:

(a) Regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law; or

(b) Require registration of firearms or other weapons.

(3) Any county, city, or village ordinance, permit, or regulation in violation of subsection (2) of this section is declared to be null and void.

In other words, being home rule doesn't exempt you from preemption.

Lincoln, however, seems to be arguing that since the law does allow property owners to exclude guns from their property, as property owners of the park, they have that authority.

Honestly, that's the dumbest argument for a preemption violation I've ever heard, and that's saying something.

As I understand it, legally, the term "property owners" has always applied to those who own private property, even if it's open to the public. The city of Lincoln, however, holds property for the public's use, even if it's technically closed to the public. Parks are the epitome of public property, as they're owned by a government of the people, by the people, and for the people, as well as being accessible by the people any time they want.

Unfortunately, Lincoln and Omaha—the two home rule cities in the state—are also the two anti-gun communities in the state. They're going to try stuff like this, and they think they can get away with it, but the arguments are weak at best.

Nebraska's preemption law has no exceptions. It's one of the strongest in the nation on that front, and Lincoln officials are wasting taxpayer money to try and prove a point that they're not going to prove.

Which is the weakness of a lot of preemption laws. To really have effective teeth, local officials who try this need to be on the hook financially. They should be forced to pay for the attorneys and the settlements out of pocket.

Then, maybe, they'll stop being so freaking stupid.

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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