Originally Posted by Aguila
Miller is further flawed because the decision ignored the fact that sawed-off (or short-barreled) shotguns were, in fact, used by the military -- for close-quarters engagements.
The only side heard by the Court was the Governments side. Do you really expect them to tell the Court that the SBS was a standard military arm? Of course, they didn't say a word, which was why the Court said that it was not within judicial notice. The Court did remand the case to the district court for fact-finding on this very subject.
We know that Miller was dead at this time, so no further litigation occurred.