Yup, and because his side was never heard, none of the voluminous evidence on the use of short-barreled shotguns and rifles by the military was presented to the Court, something which the Court explicitly noted in it's ruling, saying "in the absence of any evidence..." This means that should such a case get before the court again, Miller could be reversed easily if sufficient evidence of the military utility of such arms were presented.mozg wrote:It's because Miller was dead and his side of the case was never actually heard by the Court. They made their ruling entirely based upon a one-sided argument.Seth wrote:The reason why sawed-off shotguns are not openly legal (but are instead NFA weapons like machine guns) is arcane, and has to do with court procedure and the specifics of the case involved, not because such shotguns were not and are not currently used by soldiers. It's likely that US v Miller would be overturned today because the scholarship on the applicability and use of short shotguns and short rifles (like the M4) has advanced quite a bit since then, and proving that they are both suitable arms for the soldier is today child's play.
So, once again you're wrong.
Of course, the government conspired to get the Court to hear the case when no one was available to argue Miller's side, and it's been conspiring with the Court ever since to keep the issue from being reconsidered by the Court.