Secure Storage Information Act of 2025

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 3 (Commerce Clause) to regulate the sale of firearms, which are items in interstate commerce. The bill's requirements on FFLs are conditions on their commercial activity. The tax credit is authorized under Article I, Section 8, Clause 1 (Taxing and Spending Clause) as a spending measure to promote public safety. The bill does not exceed these enumerated powers.

Bill of Rights · passes

The bill does not infringe on the Second Amendment right to keep and bear arms. It does not prohibit the sale or possession of firearms; it only requires information and availability of storage devices. The First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Amendments are not implicated. The Tenth Amendment is not violated because the bill regulates interstate commerce and uses federal spending, which are federal powers.

Individual liberty · passes

The bill does not restrict an individual's ability to own, possess, or use firearms. It imposes obligations on FFLs, not on individuals. The tax credit is an incentive, not a restriction. Individuals retain full sovereignty over their property and choices regarding firearm storage. The burden is on the government to justify any restriction, and here there is no restriction on individual action.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level for matters that could be handled by states or localities. While the Commerce Clause justifies federal regulation of interstate firearms sales, the specific requirements on FFLs (e.g., variety of devices) and the tax credit could be implemented at the state level. The federal government is not the minimum necessary level of government for these policies. However, the tax credit is a federal spending measure, which is a legitimate federal role. The bill fails two questions: local communities and states could handle these requirements without federal involvement, and the bill consolidates upward.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not take private property for public use without just compensation. The requirements on FFLs are conditions on their license to sell firearms, which is a regulated activity. The tax credit is a benefit, not a taking. There is no procedural or substantive due process violation.