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

Litigation Highlight: Colorado Supreme Court Upholds Magazine Limit

Posted by on July 3, 2020

In 2013, Colorado passed into law a new gun regulation that prohibits the sale, transfer, or possession of large-capacity magazines (LCMs) acquired after July 1, 2013. The law defines LCMs as those ammunition feeding devices that accept more than 15 rounds. A group of gun owners and gun-rights organizations challenged the law as a violation […]

Benefits, Burdens, and Fundamental Rights: The Chief Justice in June Medical and Thoughts on the Second Amendment

Posted by on July 1, 2020

On Monday, the Supreme Court issued its long-awaited decision in June Medical Services v. Russo. Five justices voted to strike down a Louisiana law requiring doctors who perform abortions to have admitting privileges at a hospital within 30 miles. But while Chief Justice Roberts was one of these votes, he did not join the opinion […]

SCOTUS Gun Watch – Week of 6/29/20

Posted by on June 29, 2020

A few weeks ago, the Court denied all the pending Second Amendment cert petitions. I dove into Justice Thomas’s dissent from the decision in one of those cases and what we can next expect from the Court here. Since the Court is nearing the end of its current Term, we won’t hear more news for […]

A Police Powers Defense to Second Amendment Challenges?

Posted by on June 26, 2020

In a recent article in the Chicago Law Review, The Origins of Substantive Due Process, Ilan Wurman argues against the notion that antebellum courts enforced limits on state or local legislative power through a doctrine of substantive due process. Instead, limits on this legislative power—apart from state constitutional rights guarantees—operated through three principal doctrines: (1) […]

A Court in Denial

Posted by on June 19, 2020

Justice Brett Kavanaugh joined the Supreme Court in October 2018, taking over the seat from retiring Justice Anthony Kennedy. In January 2019, after nearly a decade of declining to hear a Second Amendment case, the Court granted review in New York State Rifle & Pistol Association v. City of New York. Many observers—myself certainly included—thought […]

SCOTUS Gun Watch – Week of 6/15/20

Posted by on June 15, 2020

Wow – big news out of the Supreme Court’s order list this morning. The Court denied *every* pending Second Amendment cert petition. Justice Thomas, joined in part by Justice Kavanaugh, dissented from the cert denial in Rogers. This outcome was one possibility I highlighted last week, though I thought then such a possibility was unlikely. […]

Covid & Guns Video Series Roundup

Posted by on June 12, 2020

Last month, in response to reporting on the increase in gun sales nationwide amid the coronarivus pandemic, we launched a video series called Covid & Guns. In the series, we talked with a wide range of experts, including lawyers, sociologists, policy gurus, empirical researchers, and physicians. Each brought a unique perspective to questions about the […]

Justice Alito’s Second Amendment

Posted by on June 10, 2020

Earlier this year, Justice Alito dissented from the Supreme Court’s per curiam decision dismissing New York State Rifle & Pistol Association v. City of New York as moot. His dissent in NYSRPA, his opinions in McDonald v. City of Chicago and Caetano v. Massachusetts (which I’ve written about here), and other cases throughout the years […]

SCOTUS Gun Watch – Week of 6/8/20

Posted by on June 8, 2020

It’s beginning to feel like déjà vu all over again. For the 5th time in a row, the Supreme Court has discussed the pending Second Amendment cert petitions at a conference and declined to act on them. I can’t quite figure out what might be happening, but I think we can break the possibilities down […]

SCOTUS Gun Watch – Week of 6/1/20

Posted by on June 1, 2020

The Supreme Court again declined to act today on any of the petitions it considered at its conference last week. The 10 pending cases below are now going back to conference—their 5th one since the Court decided NYSRPA a little over a month ago. Although there is likely some bottleneck on these particular cases, perhaps […]