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It would be argued that semiautomatic AR15 types are not in common use at the time in the U.S. military .. because the M4 and M16 classes of firearms are already regulated as machine guns and off limits to ordinary civilian ownership if made post 1986

Might be interesting to note if the SCOTUS hears a case related to both Miller and Heller, and decide if the NFA/CGA/FOPA Hughes Amendment are constitutional or not :rolleyes:

Using Miller argument, NFA 1934 should be removed if 2A protects arms suitable for military and militia use such as machine guns since machine guns are in common use at the time(now) with the military. , and using Heller argument, militia service is a lawful use, therefore all the gun control laws should be invalidated... just my opinion :eek::cool:
 

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