LINCOLN- According to a formal opinion penned by Nebraska Attorney General Mike Hilgers, the leaders of Nebraska's two largest cities do not have the authority to prohibit people using public parks, trails, and sidewalks from carrying concealed handguns. Hilgers' opinion is just one piece of the months-long fight over the specific meaning and reach of Sen. Tom Brewer's LB77, which allows for the permitless concealed carry of handguns statewide.

Brewer requested the Attorney General's opinion this fall after LB77 was challenged in part by Omaha Mayor Jean Stothert and Lincoln Mayor Leirion Gaylor Baird. Both mayors issued executive orders restricting concealed handgun possession on city property, which includes most public buildings and outdoor spaces like parks, trails, and sidewalks. Stothert, in introducing the order, said she wanted people to "feel safe" while visiting Omaha's public buildings and spaces.

Hilgers wrote in his opinion that the cities do not have the authority to enact blanket prohibitions on weapons possession in public spaces. Although Hilgers' opinion does not have the force of the law behind it, Sen. Brewer said he was grateful for the Attorney General's clear language. "I was very happy with it," said Brewer, "It was perfect."

Following Hilgers' opinion, the Nebraska Firearms Owners Association filed district court lawsuits in Douglas and Lancaster Counties alleging that the mayors went too far in issuing their executive orders. The group is seeking preliminary injunctions allowing concealed handguns to be carried in public spaces. The Omaha area lawsuit is also targeting the city's recent ban on bump stocks and online firearm kits, which can be utilized to build homemade guns.

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