Both sides file appeals over fee award in DC gun case

[AtheistCrusader]

79. The 2nd doesn't appear to allow for that, and the dissent leaned heavily upon Miller.

Miller clearly showed the court believed any military weapons would be acceptable. For instance, the short-barreled shotgun was found to be prohibited because of a lack of evidence that it was in common use by the military. A lack of evidence, not because it wasn't used, it was, and quite heavily, but rahter a lack of evidence because Miller had died and his counsel offered no such evidence.