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

The Textualist Consequentialist? Second Amendment Implications of the Title VII Arguments

Posted by on October 29, 2019

There was a curious exchange in the most recent cases testing the boundaries of Title VII’s proscription against sex discrimination in employment. In R.G. & G.R. Harris Funeral Homes v. EEOC, an employee who alleges she was fired for identifying as a transgender woman claims that that adverse action violates the Civil Rights Act of […]

SCOTUS Gun Watch, Episode 2

Posted by on October 28, 2019

Although the Supreme Court issued no new orders this week, there’s been some movement in the cases pending before the Court. Below isthe updated graph with the now-current status of the high court’s gun docket.

Litigation Highlight: No Compensation for Bump Stock Owners

Posted by on October 25, 2019

In response to the horrific Las Vegas massacre, which left 58 dead and many more injured, the Trump Administration issued a Final Rule in December 2018 classifying bump stocks–the device the shooter used to inflict maximal carnage–as “machine guns” and thus banned under federal law. A group of individuals and entities who owned previously legal […]

New Blog Feature: SCOTUS Gun Watch, Episode 1

Posted by on October 21, 2019

We’re excited to announce a new blog feature that will be a recurring Monday fixture of the blog throughout the Supreme Court’s Term. Each week, we will provide an up-to-date run down of where things stand with the Court’s firearms law and Second Amendment docket. To that end, each Monday will feature an updated chart […]

Litigation Highlight: New Cert Petition in Culp v. Raoul

Posted by on October 17, 2019

Last week, several plaintiffs filed a petition for certiorari asking the Supreme Court to review a Seventh Circuit decision upholding Illinois’s refusal to allow most non-residents to apply for a concealed-carry license. Here’s from the Question Presented: This Court has held that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in […]

This Week’s SCOTUS Action on Pending Second Amendment Petitions

Posted by on October 11, 2019

As I highlighted at the beginning of the week, heading into the new Term, the Supreme Court had (by my count) 14 outstanding petitions for certiorari raising Second Amendment or firearms-law related questions. Many of these cases had been considered at conferences last Term and, we suspect, are being held pending the outcome in NYSRPA. Coming out […]

Scholarship Highlight: Curry on the Shifting Core of the Second Amendment

Posted by on October 8, 2019

Ryan Curry has published a new paper in the latest issue of the Tulsa Law Review, “An Evolving Right: The Shifting Core of the Second Amendment and Its Effect on Public-Carry.” He catalogues the various ways courts have characterized the “core” of the Second Amendment right and argues that the Supreme Court needs to step […]

Outstanding Second Amendment and Firearms Law Cert Petitions

Posted by on October 4, 2019

As the Supreme Court starts its new Term, with one Second Amendment case docketed (for now), it seems like a good time to review the outstanding petitions awaiting action at the Court. These petitions raise a variety of Second Amendment and firearms-related issues, including important questions of statutory interpretation and the scope of agency discretion. […]

Scholarship Highlight: Lund on Second Amendment Methodology

Posted by on October 4, 2019

Nelson Lund has posted a new paper to SSRN, History and Tradition in Second Amendment Jurisprudence, forthcoming in the University of Florida Journal of Law & Public Policy. Lund’s paper is fascinating and provocative. He argues that the approach advocated by then-Judge Kavanaugh—that focuses on text, history, and tradition in lieu of traditional methods of […]

Did the Supreme Court Dictate Lower Courts’ Second Amendment Interpretive Theory?

Posted by on October 3, 2019

In Ezell v. City of Chicago, the Seventh Circuit concluded that it had “to follow the Court’s lead in resolving questions about the scope of the Second Amendment by consulting its original public meaning as both a starting point and an important constraint on the analysis.” In other words, the Seventh Circuit thought it was […]