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As is NFA itself since virtually every weapon in the Infantry TO&E is an SBR, SBS, MG, Large-Bore Destructive Device or Explosive Destructive Device... granted, Willie Petes on the streets for EDC could be problematic but I know if I'm lost in the woods I wouldn't mind an M203 with flares and star-shell to signal SAR.To define "common use" IMO...
is it available on the open market?
Does it meet Miller criteria? (Suitable for militia/military use)
If the answer is yes to both.......
On the other hand... if they decide that again, only arms that are issued in the military are "common use"; then Miller requires a repeal in part or ideally whole of the NFA1934 act and the FOPA86 Hughes Amendment
This would be a painful pill for the politicians to swallow because of precedent of Miller, AND the simple fact they used Miller as a citation against DC's handgun ban...if the Judges find that Miller decision protects arms in common use, and suitable for military use; then the Hughes Amendment itself is unconstitutional due to the existence of M4s and M16A4s