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even Scalia seemed to use the "in common use" argument in Heller
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Didn't he also mention something about protection of firearms in common use with the military as well? Basically ruling that the second was not just about flintlock rifles at the time of the penning of the second. If my recollection is correct, couldn't this be worded in an argument that fully automatic weapons are in common use with the military, and therefore should be permissible with his stated "reasonable regulation" such as maintaining the registry and $200 tax?