Professor Jacob Charles Quoted in "The Legal and Moral Framework of 'Historical Tradition,' From Gun Laws to Women's Rights" -- Berkshire Eagle
Professor Jacob D. Charles is quoted in the Berkshire Eagle opinion article "Carole Owens: The Legal and Moral Framework of 'Historical Tradition,' From Gun Laws to Women's Rights." The article considers the Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, which struck down a century-old New York licensing law and a requirement that the person be 21 or older in order for a person to carry a gun outside the home.
Excerpt from "Carole Owens: The Legal and Moral Framework of 'Historical Tradition,' From Gun Laws to Women's Rights"
The Thomas opinion was a radical new framework for evaluating Second Amendment challenges. In an article in the Duke Law Journal, Jacob Charles, professor and constitutional law scholar, wrote that state and federal laws have been invalidated in whole or in part since the Bruen decision. In 31 percent of civil cases when Bruen was cited, gun control provisions were invalidated. Charles claims this outpaces the immediate aftermath of Heller in 2008.
Further, Charles asks, how exactly does a lower court judge determine what is “consistent with the nation’s historical tradition”? Moreover, how do historical traditions apply to 21st-century technology? What would Madison, Franklin or Jefferson think about an AR-15 or a gun created with a 3D printer?
Professor Charles's article, "The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History," may be found at Duke Law Journal