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Old January 20, 2013, 07:03 PM   #5
Junior Member
Join Date: January 26, 2010
Posts: 10
I rather doubt it.

In writing his decision in Heller, Scalia was very vague on the intentions of Miller. Fact is, Justice Scalia reworded what that decision said, and from that rewording, we get the "in common use" phrase.

But because of that rewording, we can use the Heller decision to invalidate bans on the most commonly used platform in the US, today.

Trying to Use the actual Miller wording and meaning, would open the doors to Full Auto. That is something the Court will simply not do at this time, if ever.
Some estimates indicate that there are in the neighborhood of 3.7 million AR type rifles in the US or about 1% of all guns in the US. I wonder if that qualifies for common use.
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