There is a kid that had a nuclear lab in his parents garage. Because he followed the proper safety precautions there was not a thing the government could do about it. I think it should be the same with tactical nukes, and or bio. If that person is the type that would accidentally release or set off one of those, I am sure they would do themselves in long before it got to a cataclysmic level. However I feel that would fall under the heading of hazardous materials, bio, nuke, explosives, etc. and is already regulated as a safety concern not an arms concern.
As for the 45 through your house from a neighbor, that neighbor is being negligent of the proper handling and usage and should receive the highest penalty if without proper certification for that 45 whether anyone is hurt or not.
And again with the retribution..