From my understanding the "common use" you're talking about came from Miller, where the SCOTUS held they didn't know what the second amendment was, but they knew what it protected... the weapons that would be used in a militia. Then a few decades later, along came Heller- they held they knew what the second amendment was- an individual right to bear arms- and that arms were the ones in common use of the time. And while there's some places where Heller and Miller can theoretically grind their gears hashing some stuff out I suppose, for the most part, they're pretty safe saying the militia would be civilian, and the arms in common use, are the ones in common use by civilians. At least that's where I am in my reading.
Last edited by Tom Servo; January 22, 2013 at 10:17 PM.
Reason: Removed snarky bit