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To: robertpaulsen
Numerous federal courts over the years have ruled that the second amendment only applies to the federal government -- your RKBA is protected solely by your state constitution.

Is it really that simple? Could an individual state legislate to ban a certain religion for example?

Could an individual legislate to ban a free press?

New York is one of six states whose state constitutions are silent on the RKBA.

What are the other five?

57 posted on 09/16/2004 7:38:58 AM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: wideawake
"Could an individual state legislate to ban a certain religion for example?"

Some states had their own taxpayer funded, state sponsored religion (Congregationalism) up until the early 1800's.

"Could an individual (state) legislate to ban a free press?"

Yes. And they did up until the 1925 Gitlow v. New York case, when the court said, "For present purposes we may and do assume that freedom of speech and of the press -- which are protected by the First Amendment from abridgment by Congress -- are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States."

"What are the other five?"

California, Iowa, Maryland, Minnesota, and New Jersey.

142 posted on 09/16/2004 8:47:37 AM PDT by robertpaulsen
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