its all based on how you read and define the following, isn`t it
The Second Amendment, as passed by the House and Senate, reads:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The original and copies distributed to the states, and then ratified by them, had different capitalization and punctuation:
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.