NFOA Wins Case Against Nebraska Over Concealed Handgun Permit Discrimination
OutdoorHub 10.23.13
The Nebraska District Court handed down a victory to the Nebraska Firearms Owners Association last week in a case dealing with concealed handgun permit discrimination. In April, the Nebraska Firearms Owners Association (NFOA) and the Second Amendment Foundation (SAF) filed a lawsuit in federal district court challenging the State of Nebraska’s statutory prohibition on issuing concealed handgun permits to legal non-citizens for self defense.
The case sought to overturn the State’s non-citizen concealed carry ban on constitutional grounds of equal protection. The plaintiff was Carlos Nino De Rivera Lajous, a Mexican citizen who legally resides in Nebraska. He has lived legally in Lincoln, Nebraska since 1990 and received his permanent resident visa (green card) in 1991.
“It’s unfortunate that it took a lawsuit to get this important change made to the law. We attempted to make changes through legislative channels first, but it has become increasingly difficult to get good bills through the Judiciary Committee.” Said NFOA President Rodney Moeller “This court decision brings the citizenship requirements of Permitted Carry in line with current requirements to purchase a handgun. Now everyone legally able to purchase a handgun in the state of Nebraska is also legally allowed to pursue the rigorous process of training, qualification, background check, and fingerprinting required for application to obtain a permit to carry a concealed handgun.”
In the Order and Final Judgement the court ordered that “Upon entry of the final order and permanent injunction, Defendant shall allow Plaintiffs and other lawful permanent residents residing in Nebraska to apply for, and obtain, a permit to carry a concealed handgun, provided they are otherwise qualified to obtain such a permit pursuant to the Nebraska Concealed Handgun Permit Act.”
