But that "when" is not part of the operative/enacting clause. There is no "when". There is no limiting phrase. It is a general right.
As one put it:
[G]eneral words in the enacting part, shall never be restrained by any words introducing that part; for it is no rule in the exposition of statutes to confine the general words of the enacting part to any particular words either introducing it, or to any such words even in the preamble itself.
Post #85 has a great deal more to say along those lines. Kindly address that material, instead of an empty "I disagree" with vapid/vague synopses.
The right is not protected for all persons. It's not even protected for all citizens. It's a right protected for a certain group of individuals for a certain purpose.
Hence, the preamble -- which doesn't limit the right, merely explains it.