scalia: "... Miller (an earlier case) said, as we have explained, that the sorts of weapons protected were those "in common use at the time". We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of 'dangerous and unusual weapons.'
Dangerous & unusual weapons were indeed prohibited in many early 1800's state constitutions, inter alia referring to HANDGUNS, which were creating the bulk of the crime problem.
You must understand how duplicitous & devious that scam artist scalia was (no brilliant mind, barf). He cites above miller while trying to affirm an individual rkba: Miller (an earlier case) said, as we have explained, that the sorts of weapons protected were those "in common use at the time".
Observe in context, the duplicity of con artist scalia, his out of context use of 'in common use': Supreme Court, 1939 Miller decision:.. the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time. https://www.law.cornell.edu/supremecourt/text/307/174
The Miller justices were not contending any individual right to keep & bear firearms in 'common use at the time', but were supporting the militia interpretation of 2ndA by citing the militia act of 1792 whereby citizens were obliged to bring their own firearms to militia duty. Firearms in common use at the time would've been predominantly single shot muskets, single shot pistols, & far lesser extent single shot rifled muskets.
Furthermore, & more Damning, is this paragraph also from 1939 Miller supreme court decision:
The Constitution, as originally adopted, granted to the Congress power -- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
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