Gonzalez v. City of Omaha et al

Filing 28

INJUNCTION - granting 26 parties' Joint Stipulation regarding 21 Plaintiffs' Motion for Preliminary Injunction. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECOND AMENDMENT
FOUNDATION, INC., NEBRASKA
FIREARMS OWNERS ASSOCIATION,
and ARMANDO PLIEGO GONZALEZ,
Plaintiffs,
v.
JIM SUTTLE, individually and in his
official capacity as Mayor of Omaha,
Nebraska, CITY OF OMAHA,
Nebraska, a municipal corporation, and
ALEX HAYES, individually and in his
official capacity as Chief of Police of
Omaha, Nebraska,
Defendants.

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8:11CV335

INJUNCTION

This matter is before the court on the plaintiffs’ motion for a preliminary injunction,
Filing No. 21. The parties have entered into a Stipulation agreeing to the terms of the
preliminary injunction. Filing No. 26.
In the stipulation, the parties agree that individuals have a fundamental right under
the Second Amendment to keep firearms, including handguns, in their homes for lawful
purposes, most notably for self-defense, the right is enforceable against state and local
governments, legal aliens residing in Omaha enjoy fundamental constitutional rights, and
legal aliens also enjoy the right of equal protection of the laws under the Fourteenth
Amendment of the Constitution. Id. the parties agree to the entry of an order enjoining the
enforcement of Omaha Municipal Code § 20-253(9), which denies non-citizens the right

to register a “concealable firearm” with the Omaha Chief of Police, thus denying them the
ability to possess a “concealable firearm” in their homes. Id.
The stipulation establishes that the plaintiffs are entitled to preliminary injunctive
relief. See Dataphase Sys., Inc. v. C.L. Sys., Inc., 640 F.2d 109,114 (8th Cir. 1981)(en
banc). Pursuant to the stipulation, the court further finds that no security is required as the
defendants will not suffer financial harm by issuance of this order. This injunction shall
remain in place pending the conclusion of this litigation.
IT IS ORDERED:
1. Defendants Jim Suttle, individually and in his official capacity as Mayor of
Omaha, Nebraska; the City of Omaha, Nebraska, a municipal corporation; Alex Hayes,
individually and in his official capacity as Chief of Police of Omaha, Nebraska; their
officers, agents, servants, employees, and all persons in active concert or participation with
them who receive actual notice of the injunction are preliminarily enjoined from enforcing
Omaha Municipal Code § 20-253(9), pending resolution of this action.
2. Defendants Jim Suttle, individually and in his official capacity as Mayor of
Omaha, Nebraska; the City of Omaha, Nebraska, a municipal corporation; Alex Hayes,
individually and in his official capacity as Chief of Police of Omaha, Nebraska; their
officers, agents, servants, employees, and all persons in active concert or participation with
them who receive actual notice of the injunction shall allow plaintiffs and other legal aliens
residing in Omaha to register “concealable firearms” for possession in their homes,
provided they are otherwise-qualified to possess a firearm.
3. The hearing scheduled for November 22, 2011 at 2:00 p.m. is canceled.

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4. This matter is referred to the United States Magistrate Judge for expedited
progression.
DATED this 21st day of November, 2011.
BY THE COURT:

s/Joseph F. Bataillon
UNITED STATES DISTRICT JUDGE

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