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?
LB 451Quote:
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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