I just had a thought, in thinking about safe storage laws. It’s pretty clear that safe storage laws that impede the right to self-defense would not be constitutional. But could Congress use its militia powers to demand everyone have a safe, and store their firearms in the safe when, say, you aren’t home?
One could argue that it’s necessary and proper to protect the nation’s arsenal of militia-ready weapons. If Congress can use the militia power to demand people keep arms, and show up to muster, why couldn’t it demand people buy a safe and keep their guns in them when they are not home?
I should note that I’m not advocating Congress do this, but it’s hard for me to see a way to defeat such a proposal on constitutional grounds. The only thing that would make such a requirement impractical for the purposes our opponents may want is the actual enforcement is left to the states, who don’t have any mechanisms to enforce this. I think you also may be able to argue that such an exercise of militia powers is a sham, and this either necessary or proper.
Does anyone who knows the case law around the militia power have an comment on this topic?