Second Amendment Foundation Wins Preliminary Injunction V. Omaha Ban On Alien Handgun Registration
BELLEVUE, WA –-(Ammoland.com)- A federal judge has granted a preliminary injunction against enforcement by the City of Omaha, NE of an ordinance that prohibits legal non-citizens from registering handguns in the city, in a case brought by the Second Amendment Foundation, the Nebraska Firearms Owners Association and Armando Pliego Gonzalez.
The order was granted by U.S. District Judge Joseph Bataillon while the court considers whether the registration ban for legal immigrants is unconstitutional under the Second Amendment.
“We’re delighted with the judge’s order,” said SAF Executive Vice President Alan Gottlieb. “Mr. Pliego has been a legal permanent resident since 2008, and he jumped through all of the legal hoops to legally purchase a handgun to protect his family after his home was invaded and robbed in 2010.”
As it turns out, he noted, the city is currently reviewing its ordinance with an eye on amending it to allow legal immigrants to register handguns. According to the Omaha World Herald, the proposed changes have the support of Omaha Police Chief Alex Hayes, who was named as a defendant in the lawsuit, along with Mayor Jim Suttle and the city.
“We are encouraged at these developments,” Gottlieb stated. “We had a similar experience with a state law in Washington that was changed following a SAF legal action. We will oppose such discriminatory laws and regulations wherever we find them.
“Pliego Gonzalez and his wife are both legal permanent residents, and good members of the community,” he noted. “The couple has four children. It is simply wrong when a local regulation stands in the way of someone’s exercise of a constitutionally-protected, fundamental civil right, especially when the safety of his family is at stake.”
Plaintiffs are represented by attorneys Bernie Glaser of Lincoln, and David Sigale of Glen Ellyn, IL.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.
What is really wrong here, is that Omaha requires a registration. You can say NE is further right of IA, but we have NO registration schemes, they are preempted by state law.