State's Financial Liability

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Cdr Christoff
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State's Financial Liability

Postby Cdr Christoff » Fri Feb 08, 2013 4:32 am

Can a State be held financially liable if a law, that they specifically enacted to thwart federal law, contributes to an injury or a death?My question is regarding the various gun laws that State's have been enacting for the sole purpose of preventing any 2013 federal law. What happens if there is an incident in that State, that under federal law or executive order, might/could have been prevented? How about it, all you lawyers out there?Can victims or their families sue a State because it prevented the federal government from protecting it's citizens against a proven threat? Can a State be sued because it legislated a dangerous situation "exempt" simply for political reasons? Must the State law be found unconstitutional under the Supremacy Clause before such liability exists?[/break1]gov/FloorDocs/Current/PDF/Intro/LB451.pdf]LB 451

Section 1. (1) Any federal law, rule, regulation, or order effective on or after January 1, 2013, shall be unenforceable within the borders of Nebraska if the law, rule, regulation, or order: (a) Bans or restricts or attempts to ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm beyond those firearms which are already restricted in Nebraska; or (b) Requires or attempts to require that any firearm, magazine, or other firearm accessory be registered in any manner beyond those firearms, magazines, or other firearm accessories which are already required to be registered in Nebraska.


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RTH10260
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Location: Near the Swiss Alps

State's Financial Liability

Postby RTH10260 » Fri Feb 08, 2013 9:09 am

Adding this question:How would/does this compare to California and their drug statutes allowing legal puchase of mariuana against the federal classification as forbidden drug? Has any Californian challenged the state after getting in trouble with the DEA?

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verbalobe
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State's Financial Liability

Postby verbalobe » Fri Feb 08, 2013 9:44 am

[/break1]gov/FloorDocs/Current/PDF/Intro/LB451.pdf]LB 451

(b) Requires or attempts to require that any firearm, magazine, or other firearm accessory be registered in any manner beyond those firearms, magazines, or other firearm accessories which are already required to be registered in Nebraska.

Well, that last clause doesn't even make sense as English, let alone as law. Which I find is a common failing when panicked ideologues try to legislate.

A Legal Lohengrin
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State's Financial Liability

Postby A Legal Lohengrin » Fri Feb 08, 2013 12:09 pm

Can a State be held financially liable if a law, that they specifically enacted to thwart federal law, contributes to an injury or a death?

Short answer, no.





The long answer would involve sovereign immunity, the absolute immunity of legislators for legislative acts, and various other kinds of immunity.





A better question might be could someone be held liable if they enforced a state law which violated someone's rights. The answer to that is maybe.

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SueDB
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State's Financial Liability

Postby SueDB » Sat Feb 09, 2013 11:44 am

So the legislators etc are protected, but poor Lawman John Schlub is/may be the one left without a chair when the legal musical chairs game ends in Federal Court???
You can follow the action, which gets you good pictures.
You can follow your instincts, which'll probably get you in trouble.
Or... you can follow the money - The Two Jakes -

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SueDB
Posts: 21507
Joined: Thu Sep 30, 2010 2:02 pm

State's Financial Liability

Postby SueDB » Sat Feb 09, 2013 11:44 am

He was chust following ze orders, Ja???
You can follow the action, which gets you good pictures.
You can follow your instincts, which'll probably get you in trouble.
Or... you can follow the money - The Two Jakes -


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