Nebraska
Nebraska AG: Omaha’s new weapons ordinances violate state law
OMAHA, Neb. (WOWT) – Nebraska’s Attorney General says Omaha’s newly passed gun laws violates at least two rules of state law.
AG Mike Hilgers issued an opinion Friday saying that State Sen. Tom Brewer’s bill, LB77, doesn’t allow cities to make exceptions and that the city can’t regulate public spaces — particularly parks, trails, and sidewalks — calling it a violation of Constitutionally protected rights.
“Because your opinion request expressly is directed towards these spaces, and not to specific public buildings such as courthouses, this opinion does not address the legality of the orders in those respects,” the opinion states.
But City Attorney Matt Kuhse said that LB77 does allow for such laws, and that law wasn’t written to give the state authority over areas under the purview of the city.
“When the legislature passed LB77 earlier this year, cities, such as Omaha, were specifically given the authority to regulate the possession of firearms on places or premises owned or controlled by a city,” he said in a statement emailed Friday night. “The City of Omaha relied on this language, again, crafted by the Legislature, in preparing its executive order. If the Legislature did not intend to include such public spaces as parks, trails and sidewalks, then more precise language should have been used.”
The AG’s opinion doesn’t cancel out the city’s bans, but Omaha leaders plan to meet with the city’s legal, parks, and police departments “in the coming days” to figure out how to proceed, according to Kuhse’s response.
In April, Gov. Jim Pillen signed State Sen. Tom Brewer’s bill, LB77, into law, allowing Nebraskans to carry concealed weapons in the state without a permit.
In August, Mayor Jean Stothert issued an executive order to prohibit concealed firearms on city property.
In October, the Omaha City Council voted 4-3 along party lines to ban untraceable ghost guns. A few weeks later, they voted 6-1 to ban bump stocks.
Omaha City Council President Pete Festersen has called the city’s ordinances a common-sense approach to curbing gun violence.
Proponents of the bans have said Congress and the courts aren’t taking enough action, so the city needs to step in; opponents have said that whatever happens will be challenged in the courts.
Read the Nebraska AG’s opinion
Read the Omaha City Attorney’s full statement
“The Law Department has had the opportunity to review the opinion from Attorney General Mike Hilgers about the City of Omaha’s Executive Order regarding firearms on City-owned property.
It is important to note that Attorney General Hilgers position on Omaha’s executive order is an opinion and not binding on the City of Omaha. However, his analysis and the position he articulates in his opinion deserves to be considered.
When the legislature passed LB 77 earlier this year, cities, such as Omaha, were specifically given the authority to regulate the possession of firearms on places or premises owned or controlled by a city. The City of Omaha relied on this language, again, crafted by the Legislature, in preparing its executive order. If the Legislature did not intend to include such public spaces as parks, trails and sidewalks, then more precise language should have been used.
The City of Omaha has an obligation to protect and promote the safety and well-being of all its citizens and that was the intent of the executive order.
The Attorney General’s opinion does not take issue with the executive order being applied to libraries, community centers, pools and other City-owned property and facilities used and enjoyed by the public.
In the coming days, Mayor Stothert will meet with the Law Department, Parks Department and the Omaha Police Department to discuss this opinion and decide on the best course of action that respects the law and focuses on public safety.”
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