I would put it differently as this is the main fault in this line of thinking.
The amendment restricts the government from interfering in the citizenry’s exercise of pre-existing rights.
The rights to Keep and Bear arms exist whether there’s a Constitution, or not.
But I guess we take what small victories we can and proceed on.

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Second Amendment protects constitutional right

TOPEKA, Kan. (WIBW) – Attorney General Derek Schmidt is fighting for Americans to be able to keep their Second Amendment rights.

Attorney General Derek Schmidt says a federal appellate court panel erred by upholding New Jersey’s ban on magazines that hold over 10 rounds of ammunition.

According to Schmidt, on Sept. 1, a three-judge panel of the U.S. Court of Appeals for the Third Circuit upheld a New Jersey law criminalizing the possession of a magazine that carries over 10 rounds. He said he joined 17 other state attorneys general in looking for a rehearing by the entire appellate court.

Schmidt said in August, a different appellate court, the U.S. Court of Appeals for the Ninth Circuit, struck down a similar law in California, concluding it was in conflict with the Second Amendment.

“We are talking about an enumerated, fundamental constitutional right,” Schmidt and the other attorneys general wrote in a brief filed last week. “While some may write the Second Amendment off as a relic of a bygone era, in reality, the ability to defend one’s self is extremely important to millions of Americans.”

According to Schmidt, Kansa has an interest in helping courts uniformly apply the proper constitutional standard to protect the right to keep and bear arms.

A copy of the brief can be found here.