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

Scholarship Highlight: New Article Raising First Amendment Concerns With Some ERPO Laws

Posted by on September 2, 2020

As Joseph and I continue editing our forthcoming article on Extreme Risk Protection Order laws–and how these laws can withstand due process challenges–more legal scholarship on these laws is cropping up. Out now is an article raising concerns about the implications of such laws that look to First Amendment protected activity as a factor in […]

SCOTUS Gun Watch – Week of 8/31/20

Posted by on August 31, 2020

As August comes to end, we get that much closer to a new Supreme Court term. In less than a month, the Court will meet for its Long Conference to discuss the accumulating pile of cert petitions. Several firearms law and Second Amendment petitions will be there. Based on the Court’s actions last term, it […]

Reflections on the Ninth Circuit’s LCM Decision

Posted by on August 26, 2020

Yesterday, I wrote about the Ninth’s Circuit’s decision in Duncan v. Becerra, striking down CA’s ban on large-capacity magazines (LCMs). Today I offer a few observations from my reading of the case. First, I think the bulk of the majority’s analysis at step one of the two-part step is helpful and mostly accurate. It’s useful […]

The Ninth Circuit Strikes Down California’s Ban on Large-Capacity Magazines

Posted by on August 25, 2020

Last year a federal district court in California became the first federal court to conclude that a ban on magazines holding more than 10 rounds violates the Second Amendment. A few weeks ago, in Duncan v. Becerra, a panel of the Ninth Circuit became the first federal appellate court to do so. Before this decision, […]

SCOTUS Gun Watch – Week of 8/17/20

Posted by on August 17, 2020

With the Supreme Court in summer recess for another month and a half, more gun cases are piling up for the Court’s discussion at its Long Conference in September. Since the Court denied all the pending Second Amendment cert petitions last Term, a gun case that’s not squarely a Second Amendment challenge—like many of those […]

Scholarship Highlight Interview: George Mocsary on Firearms Law and the Second Amendment Casebook Online Chapters

Posted by on August 5, 2020

In the latest episode of the Scholarship Highlight interview series, I spoke with George Mocsary of University of Wyoming College of Law about his contributions to online chapters to the casebook Firearms Law and the Second Amendment: Regulation, Rights, and Policy. We talked about Chapter 14, on Comparative Law, and discussed the various ways other […]

2020 Firearms Law Works-in-Progress Workshop

Posted by on August 3, 2020

At the end of July, the Center hosted its second summer Firearms Law Works-in-Progress Workshop. Our first one last year was a tremendous success, and we were again thrilled at the community of scholars that we were able to convene this year. We had authors spanning the globe (joining from at least four different time […]

Analyzing Maryland Extreme Risk Law Data

Posted by on July 29, 2020

This past week, Joseph and I just finished another round of edits on our forthcoming Virginia Law Review article, Firearms, Extreme Risk, and Legal Design: “Red Flag” Laws and Due Process. Doing those edits, and working on another draft paper related to extreme risk laws, led me to dive more deeply into the statistics that […]

Eleventh Circuit Not Open to As-Applied Challenges to the Felon Prohibitor

Posted by on July 27, 2020

In a forthcoming article in Law & Contemporary Problems, I address some of the conceptual confusion generated by the lifetime prohibition on firearm possession by those previously convicted of a felony offense. The difficulty arises at least in part from complicated factors in the function and adjudication of the felon prohibitor, which the Eleventh Circuit’s […]

Virginia Court Partially Enjoins New Private-Sale Background-Check Requirement

Posted by on July 21, 2020

In 2020, the Virginia legislature passed a host of new gun regulations: limiting purchases of handguns to one a month, requiring the reporting of lost/stolen firearms, giving local autonomy over gun restrictions on government property, creating an extreme risk protection (aka red flag) law, and others. These new laws, in a state that had previously […]