S-24-0503 Nebraska Firearms Owners Association, a Nebraska non-profit corporation, Terry FitzGerald, Dave Kendle, Raymond Bretthauer, and D. J. Davis (Appellants) v. City of Lincoln, Nebraska, a municipal corporation, and Leirion Gaylor Baird, in her official capacity as the Mayor of the City of Lincoln (Appellees)
Appeal from the District Court for Lancaster County, Judge Andrew R. Jacobsen
Attorneys: Seth Morris (Liberty Law Group for Appellants) and Jacob Huebert (Liberty Justice Center as pro hac vice for Appellants) and Yohance L. Christie, Jocelyn W. Golden, Tyler K. Spahn, and Lily L. Ealey (City of Lincoln Law Department for Appellees)
Civil: Standing to bring declaratory and injunctive relief
Proceedings below: Appellants sought to declare portions of the Lincoln Municipal Code that pertain to firearm possession void and sought to prevent enforcement of these ordinances. The City filed a motion to dismiss based on lack of standing. After a hearing, the trial court dismissed the case in its entirety for lack of subject matter jurisdiction finding the plaintiffs lacked standing to bring their claims in the Lancaster County District Court. Appellants filed a petition to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.
Issues: Appellants assigns the following errors: 1) The district court erred in concluding that Appellants lack standing to challenge Lincoln Executive Order No. 97985, which prohibits them from carrying firearms on City property as they did before the order was issued; 2) The district court erred in concluding that Appellants lack standing to challenge Lincoln Municipal Code § 12.08.200, which prohibits them from carrying firearms in City parks; 3) The district court erred in concluding that Appellants lack standing to challenge Lincoln Municipal Code § 9.36.030, which requires that firearms sales be reported to police, and which has caused them to refrain from purchasing firearms in Lincoln; 4) The district court erred in concluding the Appellants lack standing to challenge Lincoln Municipal Code § 9.36.035, which prohibits multi-burst trigger activators, even though at least one of the Appellants would possess such an item but for the ban; 5) The district court erred in concluding that Appellants lack standing to challenge Lincoln Municipal Code § 9.36.040, which prohibits switchblade knives, even though at least one of the Appellants would possess such an item but for the ban; and 6) The district court erred in concluding that Plaintiffs lack standing to challenge Lincoln Municipal Code § 9.36.110(1), which regulates the storage of firearms in vehicles, even though Appellants store weapons in vehicles and allege that a conflicting state law preempts the local rule.