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 Review, North Carolina Law Review, and Law & Contemporary Problems, among others.
Not much action from the Court this week. We’re still watching and waiting. And, given that the Court extended deadlines for cert petitions in light of the coronavirus, we may have to wait a little longer for new petitions to show up. No signs yet that the virus has delayed opinions or orders, though.
Earlier this week, I wrote about Second Amendment concerns that arise with emergency declarations that shut down non-essential businesses, including, in some states, gun stores. Showing how quickly these issues are moving, in the past few days there have already been changes in states and localities that have excluded guns from the list of essential […]
The recent spate of emergency declarations across the country has raised some difficult Second Amendment questions. In some states, governors have required all “non-essential” or “non-life sustaining” businesses to close up altogether or to at least close the inside of the store to customers (while still permitting, e.g., curbside pick-up). These laws can raise constitutional […]
The Court released five opinions today, including one per curiam. But no news yet on NYSRPA and no new cert grants in other Second Amendment cases. The Court’s activity level suggests that things aren’t slowing down at 1 First Street for the coronavirus. I suspect we’ll be hearing something on these cases soon, but that’s […]
A few new pieces of legal scholarship were published recently and have just have popped up on Westlaw, including from frequent guest blogger Dru Stevenson and the Center’s own Joseph Blocher. The articles address important questions at the heart of debates over the Second Amendment. (Two of the articles, Stevenson and Kelly, I could only […]
With the COVID-19 pandemic sweeping the globe, even the Supreme Court has been hit. It has announced postponement of the next oral argument sitting, suggesting we may see some delays. The Court says it will still hold its scheduled conference this Friday and will still release orders next Monday. We’ll see if any news on […]
In an opinion issued this past Wednesday, the Ninth Circuit in Mai v. United States rejected an as-applied challenge to 18 U.S.C. § 922(g)(4), which prohibits firearm possession for anyone who “has been committed to any mental institution.” The ATF interprets the provision to cover only those who have been involuntarily committed, but the statutory […]
After Justice Gorsuch wrote separately to express his dissatisfaction with the lower court ruling upholding the recent bump-stock ban, we’ve seen little additional movement this week. No new petitions, by my count, and no action on NYSRPA or the other pending petitions. Some quarters suggest that a longer wait for NYSRPA could indicate greater likelihood […]
This week, the Supreme Court heard oral argument in June Medical v. Gee. I’ve written before about some of the parallels I’ve perceived in the debates over reproductive rights and firearm rights, and this case raises some new ones for me. As Amy Howe wrote for SCOTUSBlog, the questioning at oral argument focused on whether […]