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

SCOTUS Gun Watch – Week of 4/6/20

Posted by on April 6, 2020

No new action at the Court on gun cases in the past week or in the orders and opinions issued this morning. We’ll keep our eyes out on the week ahead.

SCOTUS Gun Watch – Week of 3/30/20

Posted by on March 30, 2020

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.

Guns in Emergencies: The Disaster Recovery Personal Protection Act

Posted by on March 26, 2020

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 […]

Emergency Declarations, Gun Dealers, and the Second Amendment

Posted by on March 24, 2020

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 […]

SCOTUS Gun Watch – Week of 3/23/20

Posted by on March 23, 2020

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 […]

Scholarship Highlight: New Articles Call for Re-Examining Second Amendment Issues

Posted by on March 20, 2020

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 […]

SCOTUS Gun Watch – Week of 3/16/20

Posted by on March 16, 2020

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 […]

Litigation Highlight: Ninth Circuit Upholds Lifetime Ban on Firearm Possession for Man Involuntarily Committed to a Mental Institution Twenty Years Ago

Posted by on March 13, 2020

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 […]

SCOTUS Gun Watch – Week of 3/9/20

Posted by on March 9, 2020

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 […]

Weighing Benefits and Burdens for Abortion and Guns Rights

Posted by on March 6, 2020

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 […]