[El Gato]

In order to determine suitability, you're saying the lower court should ask .... Miller himself?

Would have been sort of hard, the buggar was dead by then.

[robertpaulsen]

Who should the lower court have asked to testify on the suitability of the weapon for a state militia?

A gunsmith? A military officer? A historian? Miller, if he lived? Sarah Brady?

Who is going to get on the stand and say, "This weapon is suitable for all state militias and this weapon is not", realizing that the U.S. Supreme Court will be relying on that?