Duke Center for Firearms Law
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About Jake Charles

Center Executive Director and lecturing fellow.  Charles writes and teaches on the Second Amendment and firearms law. His primary academic interests include the theoretical, conceptual, and methodological issues confronting nascent Second Amendment jurisprudence and the immunity and related questions surrounding affirmative litigation against the firearms industry. His scholarship has appeared or is forthcoming in the Virginia Law ReviewNorth Carolina Law Review, and Law & Contemporary Problems, among others.

Written by Jake Charles

Bruen, Analogies, and the Quest for Goldilocks History

Posted by on June 28, 2022

On June 23, 2022, the Supreme Court issued its first major Second Amendment decision in a dozen years. In New York State Rifle & Pistol Association v. Bruen, the Court declared New York’s restrictive may-issue licensing law unconstitutional. The 6-3 decision written by Justice Thomas supercharges the Second Amendment and upends a host of settled […]

SCOTUS Gun Watch – Week of 6/27/22

Posted by on June 27, 2022

Last Thursday, the Court issued Bruen, declaring NY’s concealed carry law unconstitutional. We’ll have much more coverage on the blog, starting later this week. Now, we’ll wait to see whether any of the held cases are taken up or sent back to lower courts. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New […]

The Bruen Opinion

Posted by on June 24, 2022

Yesterday the Supreme Court issued its Bruen decision, holding that NY’s strict concealed carry law is unconstitutional and mandating that lower courts assess Second Amendment claims by reference only to history. We’ll be writing much more about it here, but today we have the Center’s annual firearms law works-in-progress workshop, so I’ll just post a link […]

SCOTUS Gun Watch – Week of 6/20/22

Posted by on June 20, 2022

It’s coming down to the last few weeks of the Term, and we’re expecting Bruen any day now. When the Court issues Bruen we will also get better insight into whether it plans to send the held cases back down or take one or more of them up. Petitions Pending Case Ct. Below Pet. Filed […]

SCOTUS Gun Watch – Week of 6/13/22

Posted by on June 13, 2022

In its orders last week, the Court denied cert in the McCloskey’s Second Amendment challenge to their state bar discipline. There’s also one new cert petition based on a license revocation in D.C. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. […]

SCOTUS Gun Watch – Week of 6/6/22

Posted by on June 6, 2022

We’re down to the last few weeks of SCOTUS opinions and awaiting Bruen any day. The Court has 4 cases it is holding pending Bruen as well, so we will likely see what happens to those soon as well—either the Court takes one or all of them up for plenary review or sends them all […]

SCOTUS Gun Watch – Week of 5/30/22

Posted by on May 30, 2022

At its conference last week, the Supreme Court considered whether to hear Duncan, another challenge to a ban on magazines holding more than 10 rounds. The Court will release orders tomorrow from that conference, but I suspect the case will be held like the similar challenge in ANJRPC. And, since the Court didn’t act on […]

Shinn, Jimenez-Shilon, and the Hierarchy of Rights  

Posted by on May 26, 2022

Earlier this week, in United States v. Jimenez-Shilon, the Eleventh Circuit rejected a Second Amendment challenge to the federal law barring undocumented immigrants from possessing firearms. Dru Stevenson will be guest posting about the case on this blog. But I want to highlight a few aspects of Judge Newsom’s majority and separate concurring opinions—and compare […]

SCOTUS Gun Watch – Week of 5/23/22

Posted by on May 23, 2022

At conference last week, the Court considered the cert petition in Bianchi, challenging Maryland’s assault weapons ban. Today’s order list has no mention of the case, which signals the Court is likely holding the case pending the outcome in Bruen. This marks the second case in the category of “what arms are protected” (along with ANJRP) that […]

Ninth Circuit Strikes Down CA’s Law Restricting Young Adult’s Ability To Purchase Rifles

Posted by on May 18, 2022

Last week, in Jones v. Bonta, a split panel of the Ninth Circuit ruled that California’s restriction on rifle purchases by 18- to 20-year olds violates the Second Amendment. The case is a major victory for gun-rights proponents, but that victory is likely to be short-lived. The en banc Ninth Circuit tends to reverse panels […]