Wednesday, November 23, 2011

Preliminary Injunction Win In Gonzalez v. Omaha

Attorneys for the Second Amendment Foundation, the Nebraska Firearms Owners Associations, and Armando Pliego Gonzalez have won a preliminary injunction against the City of Omaha over a city ordinance that prohibits the registration of handguns in the city by legal resident aliens.

You can read earlier posts about the case here and here.
BELLEVUE, WA – 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.


  1. I would have a problem with that whole "registering handguns" thing...
    One reason of many why I don't live in Durham.

  2. @Larry - I'd agree with you. Unfortunately, residents of Omaha, NE have to register their handguns. Previously, they only allowed US citizens to register their handguns but forbade non-citizens from doing so. Effectively, it said legal resident aliens could not possess a handgun within Omaha.

  3. Must it be pointed out that aliens, legal permanent residents or otherwise, are not part of the commonweal. They are aliens. They have no loyalty, either by oath or by their nature, to the community.

    And just what is a legal non-citizen? Does that include American nationals from American Samoa and the Swains Islands?

    Does it include lawfully admitted non-immigrants? Parolees?

    The SAF, lol, no Single Asian Females, is going to cause some problems with this. The next thing "legal non-citizens" will be demanding the vote.