[Stepan12]

The term a well regulated militia being necessary... is what is known as a present participle and does not modify the right to keep and bear arms shall not be infringed.

Either both parties have not mentioned it to the 2nd circuit or the 2nd circuit ignored the argument.

[VanShuyten]

Yes, and the commas are there because it’s extra information, not the core of the sentence.

[Military family member]

a well regulated militia being necessary... is NOT a present participle.

The present participle is a verb form ending in -ing

[Lancey Howard]

The term a well regulated militia being necessary... is what is known as a present participle and does not modify the right to keep and bear arms shall not be infringed.

Undeniable logic. Perfect. The founders could have just as easily said, "Because injuns might attack at any time," instead of "A well regulated militia being necessary", and it STILL would not change the thrust of the Second Amendment that the citizens' right to keep and bear arms shall not be infringed. I bet if the founders could hear the arguments from the left today they would forget about including that "throat clearing" militia part at all.

Taking it a step further, the Bill of Rights, including the Second Amendment, was itself only an afterthought exclamation point to the main text of the Constitution. The rights listed in the Bill of Rights were ALREADY THERE - - the founders just decided to emphasize what the Constitution already said by listing a bunch of glaring examples of rights that the federal government BETTER NOT screw around with.

Turns out it was a good idea. I wish they had added about a hundred more.