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 – Quick Reactions & Live Thread

Posted by on November 3, 2021

This morning, the Supreme Court held oral argument in New York State Rifle & Pistol Association v. Bruen. The case has the potential to revolutionize Second Amendment doctrine, and we’ve covered the case several times on this blog, including in the overview post here and our what-to-watch-at-argument post here. We’ll have much more to say in […]

Public Carry, History, and Enforcing Gun Laws

Posted by on October 29, 2021

In their reply brief before the Supreme Court, the challengers in Bruen claimed that “neither the state nor any of its amici has been able to identify a single instance before the twentieth century of someone being successfully prosecuted for the bare act of carrying a common firearm for self-defense.” This is a surprising, and […]

Gun Industry Tort Shields and DOJ’s Defense of Congressional Enactments

Posted by on October 27, 2021

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA). That law provides fairly robust protection for most gun industry actors (e.g., manufacturers and dealers) when a firearm is used by a third party to cause harm. There’s a fair debate to be had about whether most of the lawsuits that PLCAA […]

SCOTUS Gun Watch – Week of 10/25/2021

Posted by on October 25, 2021

Last week, the Supreme Court declined to put Texas’s abortion law, SB8, on hold pending litigation, but vastly accelerated the case timeline, scheduling it for argument next week—the same week the Court is set to hear Bruen. And, its conference this Friday, the Court will consider Harley, a Fourth Circuit case challenging § 922(g)(9), which bars […]

SCOTUS Gun Watch – Week of 10/18/2021

Posted by on October 18, 2021

Bruen is now fully briefed, with oral arguments set for just over two weeks from now. The Supreme Court just recently granted the United States’ request to share argument time with the state in defending the law, so at the podium on November 3 will be the lawyer for the challengers arguing for 30 minutes, […]

New Scholarship on Extreme Risk Protection Order Laws

Posted by on October 13, 2021

The University of Alabama Law School’s Law & Psychology Review has now published several pieces that came out of a symposium last year, Seeing Red: Risk-based Gun Regulation about (primarily) Extreme Risk Protection Order Laws (also known as red flag laws). Joseph and I presented on our Virginia Law Review piece “Firearms, Extreme Risk, and Legal Design: […]

SCOTUS Gun Watch – Week of 10/11/2021

Posted by on October 11, 2021

With the orders from the Long Conference handed down last week, we are looking at a smaller list of pending Second Amendment and firearms-law related cert petitions. I suspect that whatever the Court does in Bruen is sure to invite many more challenges and a greater call for continued court involvement. Petitions Pending Case Ct. […]

Scholarship Highlight: New Drafts on Gun Centricity and Military Power

Posted by on October 6, 2021

A few new articles have been recently posted on SSRN that raise questions concerning firearms law and the Second Amendment, including about how gun-centric case law & theory distorts Second Amendment doctrine and how the Constitution describes and prescribes military power of the United States. Eric Ruben, Law of the Gun: Unrepresentative Cases and Distorted […]

SCOTUS Gun Watch – Week of 10/4/21

Posted by on October 4, 2021

The Supreme Court’s new Term is officially underway today. This Term is shaping up to be a significant one, and Bruen is no small part of that significance. The Court has also released the order list from its long conference last week, and I have updated the chart accordingly. (I also added one case that […]

Pieces Reviewing Ayres and Vars’ Weapon of Choice

Posted by on October 1, 2021

The Quinnipiac Law Review recently published a series of essays from a symposium discussion of Ian Ayres and Frederisk Vars’ recent book, Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights. I wasn’t able to find publicly accessible copies, but some excerpts are below (including from our own Joseph Blocher).  Joseph Blocher, Two Concepts of […]