Professor Jacob Charles Cited in United States District Court for the District of New Jersey Opinion, Koons v. Platkin

Professor Jacob D. Charles's article, "Bruen, Private Property & the Second Amendment," is cited in the opinion in the United States District Court for the District of New Jersey case, Koons v. Platkin. The federal lawsuit challenges "sensitive location" carry bans in New Jersey as unconstitutional under the Second Amendment.

Excerpt from Koons v. Platkin (Bumb, Chief District Judge):

The Supreme Court’s discussion of the “textual elements” of the Second Amendment helps to focus this Court’s consideration of what is, admittedly, a thorny question.34 

34 ... Compare Jake Charles, Bruen, Private Property & the Second Amendment, Duke Ctr. for Firearms Law (Dec. 2, 2022), https://firearmslaw.duke.edu/2022/12/bruen-private-property-the-secondamendment/ (critiquing the reasoning of Antonyuk and Christian and suggesting that New York’s anti-carry presumption on private property survives Second Amendment scrutiny because carrying on private property is outside the scope of the text), with Robert Leider, Pretextually Eliminating the Right to Bear Arms through Gerrymandered Property Rules, Duke Ctr. for Firearms Law (Dec. 23, 2022), https://firearmslaw.duke.edu/2022/12/pretextually-eliminating-the-right-to-bear-arms-throughgerrymandered-property-rules/ (characterizing the “tool” identified by Professors Ayres and Vars as a “constitutional loophole to nullify the practical effect of Bruen” and arguing that New York’s and New Jersey’s default rules, which apply to ordinary citizens but expressly do not apply to retired law enforcement among others, are unconstitutional because they are grossly underinclusive—failing to accomplish either state’s asserted end), and Andrew Willinger, Private-Property Default Exceptions, Firearms Training, and Multi-Tiered Licensing, Duke Ctr. for Firearms Law (Jan. 11, 2023), https://firearmslaw.duke.edu/2023/01/private-property-defaultexceptions-firearms-training-and-multi-tiered-licensing/ (disputing Professor Leider’s contention and arguing that good cause exists for each of the identified groups to be exempt from the anti-carry default rule).

The complete opinion may be found at US District Court New Jersey

"Bruen, Private Property & the Second Amendment" may be found at Duke Center for Firearms Law