Professor Jacob Charles Cited in United States District Court for Southern District of Mississippi Case United States v. Justin Bryce Brown

Professor Jacob D. Charles is cited in the United States District Court for Southern District of Mississippi case United States of America v. Justin Bryce Brown. The defendant in the case was charged with possessing a machinegun, which he argued should be dismissed based on Second Amendment protections as he had no felony convictions. 

Excerpt from United States v. Justin Bryce Brown

Bruen specifically requires judges to follow “history and tradition,” evaluate whethernew laws are “relevantly similar” to past laws, and determine whether certain firearms are“dangerous and unusual.” These tests are deeply concerning to many.16 They will continue to generate “confused and confusing lower court precedent.” Jacob D. Charles, The Dead Hand of A Silent Past: Bruen, Gun Rights, and the Shackles of History, 73 Duke L.J. 67, 76 (2023).17

_________________ 

17The confusion has persisted after Rahimi. See Madiba K. Dennie, Federal Judges (Still) Have No Earthly Idea What to Do With the Supreme Court’s Second Amendment Cases, Balls and Strikes (Jan. 15, 2025) (collecting cases). 

The complete opinion may be found at United States of America v. Justin Bryce Brown