Before the U.S. Supreme Court in Castillo v. U.S. (2000)

“Stephen Halbrook is an attorney with extensive knowledge of the historical underpinnings of the Second Amendment and practical knowledge of litigating in this rapidly evolving area of law. His writings include topics as diverse as Gun Control in the Third Reich and The Founders’ Second Amendment, and he was heavily involved in Heller and McDonald.”

– U.S. District Judge Michael J. Reagan
Shepard v. Madigan, 2014 WL 4825592, *7 (S.D. Ill. 2014)

Supreme Court Practice

Comments on ATF Regulation Proposals

Practice Areas

Gun Control Act/National Firearms Act

  • Firearm technical classifications
  • ATF regulatory compliance
  • FFL warning conferences, license denials,
    and revocations
  • Forfeitures
  • Legal disabilities and restoration of civil rights
  • Criminal defense

State and Local Laws

  • “Assault weapon” restrictions
  • Legal status of firearms
  • Challenging restrictions

Civil and Criminal Cases Litigated >>

1968 Hearings on GCA Regulations

Books

Congressional Testimony

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Scholarly Articles

“Textualism, the Gun Control Act, and ATF’s Redefinition of ‘Firearm’,” Harvard Journal of Law & Public Policy: Per Curiam No. 32, (Summer 2024).

“Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund’s Critique of Bruen,” 24 Federalist Society Review, (Mar. 15, 2023).

“The Second Amendment Was Adopted to Protect Liberty, Not Slavery: A Reply to Professors Bogus and Anderson,” 20 Georgetown Journal of Law & Public Policy 575 (2022).

“Право народа на хранение и ношение оружия: вторая поправка билля о правах сша” [“The Right of the People to Keep and Bear Arms: the Second Amendment in the U.S. Bill of Rights”], 2 Ukrainian Law Journal “Law of the USA” (2013), 240-50.

“The Right of the People to Keep and Bear Arms: the Second Amendment in the U.S. Bill of Rights,” 2 Ukrainian Law Journal “Law of the USA” (2013), 240-50.

“Banning America’s Rifle: An Assault on the Second Amendment?,” 22 Federalist Society Review (June 28, 2021).

“Virginia’s Second Amendment Sanctuaries: Do They Have Legal Effect?,” Regent University Law Review, No. 2, 277 (2020-2021).

“The Eidgenössisches Schützenfest: a Traditional Shooting Festival,” Swiss American Historical Society Review (Nov. 2020).

“To Bear Arms for Self-Defense: A ‘Right of the People’ or a Privilege of the Few? Part 2” 21 Federalist Society Review (Mar. 31, 2020).

View More Scholarly Articles >>

Second Amendment Roundup at The Volokh Conspiracy

“Supreme Court Grants Cert in Mexico v. Smith & Wesson,” The Volokh Conspiracy, October 22, 2024.

“The VanDerStok Argument,” The Volokh Conspiracy, October 10, 2024.

“Follow ATF into a Political Briar Patch?,” The Volokh Conspiracy, October 3, 2024.

“ATF’s Final Rule Implicates the Right to Bear Arms,’” The Volokh Conspiracy, October 2, 2024.

“ATF’s Wish to Trace More Firearms Doesn’t Justify Redefining ‘Firearm,’” The Volokh Conspiracy, October 1, 2024.

“Textualism and ATF’s Redefinition of ‘Firearm,’” The Volokh Conspiracy, September 30, 2024.

VanDerStok Tests Limits of Yet Another ATF Rule,” The Volokh Conspiracy, September 29, 2024.

“New York’s ‘Good Moral Character’ Requirement for Gun Permits,” The Volokh Conspiracy, September 26, 2024.

“8th Circuit Rules in Favor of Pistol Brace Owners,” The Volokh Conspiracy, August 25, 2024.

“8th Circuit Rules for 18 to 20-Year-Olds,” The Volokh Conspiracy, July 22, 2024.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

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Presentations

Courthouse Steps Oral Argument: Garland v. Cargill – The Federalist Society, (Mar. 5, 2024)

Attorney Stephen Halbrook Discusses the Upcoming Supreme Court Case Garland v. Cargill on Whether Bump Stocks Are Machine Guns – The Federalist Society, “A Seat at the Sitting: The February Docket” (Feb. 15, 2024)

Attorney Stephen Halbrook Talks SCOTUS Re: Biden “Ghost Gun” and “Weapons Part Kits” – Four Boxes Diner (Aug. 13, 2023)

The Case for the AR15 – The Republican Professor (Aug. 1, 2023)

Attorney Stephen Halbrook Breaks Down Current Pistol Brace Fight – Four Boxes Diner (May 22, 2023)

A Year After Bruen, and This Is Happening? – America’s First Freedom (May 20, 2023)

ATF OVERREACH: Stephen Halbrook on How ATF Rules DO NOT = LAW; Defeating the ATF in Court – The Dana Show with Dana Loesch (Mar. 28, 2023)

The Politically Incorrect Truth about America’s Rifle – America’s 1st Freedom (Feb. 4, 2023)

View More Presentations >>

Instagram Updates

New Jersey was the first state to ratify the Bill of Rights on this day in 1789. Amazingly, back in those days, "in New Jersey the right and duty to keep and bear arms was recognized as a fact and as a dire necessity." 

From Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 135.
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#billofrights #usbillofrights #newjerseyhistory #billofrightsratification #colonialhistory #1789 #onthisdayinhistory #onthisdayinhistory #foundingfathers #jamesmadison #georgemason #thefounderssecondamendment #usconstitution #ushistory #foundingfathersofamerica #historybuff #historygeek #2ahistory #constitutionalrights #americanliberty #2ndamend #firearmsrights #righttobeararms #shallnotbeinfringed #keepandbeararms #rightandutyofselfdefense #americanhistory🇺🇸

New Jersey was the first state to ratify the Bill of Rights on this day in 1789. Amazingly, back in those days, "in New Jersey the right and duty to keep and bear arms was recognized as a fact and as a dire necessity."

From Halbrook, The Founders` Second Amendment: Origins of the Right to Bear Arms, p. 135.
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#billofrights #usbillofrights #newjerseyhistory #billofrightsratification #colonialhistory #1789 #onthisdayinhistory #onthisdayinhistory #foundingfathers #jamesmadison #georgemason #thefounderssecondamendment #usconstitution #ushistory #foundingfathersofamerica #historybuff #historygeek #2ahistory #constitutionalrights #americanliberty #2ndamend #firearmsrights #righttobeararms #shallnotbeinfringed #keepandbeararms #rightandutyofselfdefense #americanhistory🇺🇸
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"The fact is that passing a law does not stop people from having guns. It just makes you defenseless." -- Thomas Sowell

From: https://x.com/ThomasSowell/status/1838628301373333677

Photo: patch from 1776united.com
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#thomassowell #sowell #thomassowellquotes #thomassowellwisdom #americaneconomist #economist #socialtheorist #2amendmentrights #2amendmentsupporter #2amendmentmatters #2ndamendmentrights #2ndamendmentright #2ndamendmentsupporter #righttokeepandbeararms #gunrightsmatter #selfdefense #selfprotection #gunlaws #defendyourself #disarmed #guncontrollaws #firearmsviolence #protectyourself #shallnotbeinfringed #rightofthepeople #guncontroltruth #badlaws #badlawshurtgoodpeople

"The fact is that passing a law does not stop people from having guns. It just makes you defenseless." -- Thomas Sowell

From: https://x.com/ThomasSowell/status/1838628301373333677

Photo: patch from 1776united.com
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#thomassowell #sowell #thomassowellquotes #thomassowellwisdom #americaneconomist #economist #socialtheorist #2amendmentrights #2amendmentsupporter #2amendmentmatters #2ndamendmentrights #2ndamendmentright #2ndamendmentsupporter #righttokeepandbeararms #gunrightsmatter #selfdefense #selfprotection #gunlaws #defendyourself #disarmed #guncontrollaws #firearmsviolence #protectyourself #shallnotbeinfringed #rightofthepeople #guncontroltruth #badlaws #badlawshurtgoodpeople
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This dog looks well prepared and serious about his hunt. Perhaps he has the same mindset as Fred Bear, who once said: “I hunt because I love the entire process: the preparations, the excitement, and sustained suspense of trying to match my woodslore against the finely honed instincts of these creatures. On most days spent in the woods, I come home with an honestly earned feeling that something good has taken place. It makes no difference whether or not I got anything: it has to do with how the day was spent.” 

Illustration by German artist Arthur Thiele (1841-1919)
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#fredbear #fredbearquotes #huntingquotes #hunting #righttohunt #ArthurThiele #gundogs #gundogoutdoors #gundogoftheday #gundogsofinsta #vintagedogart #germanartists #huntingillustration #gamehunting #huntinglife #hunter #huntingisfun #huntingdog #huntingdogs #famoushunters #fieldhunting #outdoorsforthesoul #huntingquotes

This dog looks well prepared and serious about his hunt. Perhaps he has the same mindset as Fred Bear, who once said: “I hunt because I love the entire process: the preparations, the excitement, and sustained suspense of trying to match my woodslore against the finely honed instincts of these creatures. On most days spent in the woods, I come home with an honestly earned feeling that something good has taken place. It makes no difference whether or not I got anything: it has to do with how the day was spent.”

Illustration by German artist Arthur Thiele (1841-1919)
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#fredbear #fredbearquotes #huntingquotes #hunting #righttohunt #ArthurThiele #gundogs #gundogoutdoors #gundogoftheday #gundogsofinsta #vintagedogart #germanartists #huntingillustration #gamehunting #huntinglife #hunter #huntingisfun #huntingdog #huntingdogs #famoushunters #fieldhunting #outdoorsforthesoul #huntingquotes
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"The U.S. Court of Appeals for the Ninth Circuit has held that not a single new restriction violates the Second Amendment. Taking the cue, a federal district court actually justified the ban thus: 'That the rifles are more accurate and easier to control is precisely why California has chosen to ban them.' Only rifles that are inaccurate and hard to control are apparently protected by the Second Amendment."

Quoting Rupp v. Becerra, 401 F. Supp.3d 978, 993 (C.D. Ca. 2019) in Halbrook, America's Rifle: The Case for the AR-15, p. 211.
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#RuppvBecerra #9thCircuit #californiagunlaws #californiagunlaw #AmericasRifleTheCaseForTheAR15 #assaultweapon #assaultrifle #assaultweapons #2ahistory #gunhistory #firearmhistory #2acase #2acase #firearmscases #firearmshistory #assaultriflehistory #assaultweaponban #assaultweaponsban #AssaultWeaponsControlAct #americangunban #2amendmentlife #rifleban #individualrights #cagunlaw #cagunlaws #firearmsprohibition #guncontrolhistory

"The U.S. Court of Appeals for the Ninth Circuit has held that not a single new restriction violates the Second Amendment. Taking the cue, a federal district court actually justified the ban thus: `That the rifles are more accurate and easier to control is precisely why California has chosen to ban them.` Only rifles that are inaccurate and hard to control are apparently protected by the Second Amendment."

Quoting Rupp v. Becerra, 401 F. Supp.3d 978, 993 (C.D. Ca. 2019) in Halbrook, America`s Rifle: The Case for the AR-15, p. 211.
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#RuppvBecerra #9thCircuit #californiagunlaws #californiagunlaw #AmericasRifleTheCaseForTheAR15 #assaultweapon #assaultrifle #assaultweapons #2ahistory #gunhistory #firearmhistory #2acase #2acase #firearmscases #firearmshistory #assaultriflehistory #assaultweaponban #assaultweaponsban #AssaultWeaponsControlAct #americangunban #2amendmentlife #rifleban #individualrights #cagunlaw #cagunlaws #firearmsprohibition #guncontrolhistory
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Sir William Blackstone’s Commentaries referred "to the right of Englishmen 'of having arms for their defence suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. st.2 c.2 [the Declaration of Rights], and it is indeed, a public allowance under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.' In short, the subjects were entitled 'to the right of having and using arms for self-preservation and defense.' Inherent in those uses would be arms sufficient to allow self-preservation and defense against both individual criminals and a tyrannical regime."

Halbrook, America's Rifle: The Case for the AR-15, p. 79.
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#williamblackstone #sirwilliamblackstone #blackstonecommentaries #declarationofrights #rightsofenglishmen #AmericasRifleTheCaseForTheAR15 #2ahistory #gunhistory #firearmhistory #therightofthepeople #righttobeararms #guncontrol #firearmscontrol #citizenrights #2amendmentsupporter #naturalrights #rightofresistance #rightofselfpreservation #violenceofoppression #righttoselfdefense #righttoselfdefence #armedselfdefense #armedselfdefence #tyrannicalregime #defeattyranny

Sir William Blackstone’s Commentaries referred "to the right of Englishmen `of having arms for their defence suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. st.2 c.2 [the Declaration of Rights], and it is indeed, a public allowance under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.` In short, the subjects were entitled `to the right of having and using arms for self-preservation and defense.` Inherent in those uses would be arms sufficient to allow self-preservation and defense against both individual criminals and a tyrannical regime."

Halbrook, America`s Rifle: The Case for the AR-15, p. 79.
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#williamblackstone #sirwilliamblackstone #blackstonecommentaries #declarationofrights #rightsofenglishmen #AmericasRifleTheCaseForTheAR15 #2ahistory #gunhistory #firearmhistory #therightofthepeople #righttobeararms #guncontrol #firearmscontrol #citizenrights #2amendmentsupporter #naturalrights #rightofresistance #rightofselfpreservation #violenceofoppression #righttoselfdefense #righttoselfdefence #armedselfdefense #armedselfdefence #tyrannicalregime #defeattyranny
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If you're going to chase Count Dracula to his homeland, you need to be armed against physical things as well as evil things. Texan Quincey Morris warns his vampire hunting companions: "'I understand that the Count comes from a wolf country, and it may be that he will get there before us. I propose that we add Winchesters to our armament. I have a kind of belief in a Winchester when there is any trouble of that sort around. Do you remember, Art, when we had the pack after us at Tobolsk? What wouldn't we have given then for a repeater apiece!'

"'Good!' said Van Helsing. 'Winchesters it shall be. Quincey's head is level at all times, but most so when there is to hunt ....'"

From Bram Stoker, Dracula (1897).
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#winchesterarms #winchesterrifle #winchesterrifles #winchesterrepeater #winchesterrepeatingrifle #repeatingrifle #wolfhunters #wolfhunter #huntingadventures #bramstoker #bramstokerquotes #countdracula #draculahunter #vampirehunter #vampirehunters #gunsinliterature #gunsinbooks #romanianwolves

If you`re going to chase Count Dracula to his homeland, you need to be armed against physical things as well as evil things. Texan Quincey Morris warns his vampire hunting companions: "`I understand that the Count comes from a wolf country, and it may be that he will get there before us. I propose that we add Winchesters to our armament. I have a kind of belief in a Winchester when there is any trouble of that sort around. Do you remember, Art, when we had the pack after us at Tobolsk? What wouldn`t we have given then for a repeater apiece!`

"`Good!` said Van Helsing. `Winchesters it shall be. Quincey`s head is level at all times, but most so when there is to hunt ....`"

From Bram Stoker, Dracula (1897).
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#winchesterarms #winchesterrifle #winchesterrifles #winchesterrepeater #winchesterrepeatingrifle #repeatingrifle #wolfhunters #wolfhunter #huntingadventures #bramstoker #bramstokerquotes #countdracula #draculahunter #vampirehunter #vampirehunters #gunsinliterature #gunsinbooks #romanianwolves
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In the January 30, 1769 issue of the Boston Gazette, "Samuel Adams defended against attacks on the Boston vote calling on citizens to arm: 'For it is certainly beyond human art and sophistry, to prove the British subjects, to whom the privilege of possessing arms is expressly recognized by the [English] Bill of Rights, and, who live in a province where the law requires them to be equip'd with arms, &c. are guilty of an illegal act, in calling upon one another to be provided with them, as the law directs.'"

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pgs. 127-28 (hardback edition).

Illustration: "Occupation Of Boston, Massachusetts, By Two British Infantry Regiments And Their Artillery Trains On 1 October 1768."
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#samueladams #bostongazette #1769 #citizenstoarms #possessingarms #armspossession #colonialhistory #colonialamerica #americancolonies #selfdefense #americanfounders #foundingfathers #britishrule #beararms #2ahistory #disarmedcitizens #secondamendmentrights #billofrights #therighttobeararms #therighttobeararms #therighttobeararmshalbrook #righttobeararms #rightofthepeople #individualliberty #gunrights #englishbillofrights #righttobeararms #armeddefense #armedselfdefense #armedcitizens

In the January 30, 1769 issue of the Boston Gazette, "Samuel Adams defended against attacks on the Boston vote calling on citizens to arm: `For it is certainly beyond human art and sophistry, to prove the British subjects, to whom the privilege of possessing arms is expressly recognized by the [English] Bill of Rights, and, who live in a province where the law requires them to be equip`d with arms, &c. are guilty of an illegal act, in calling upon one another to be provided with them, as the law directs.`"

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pgs. 127-28 (hardback edition).

Illustration: "Occupation Of Boston, Massachusetts, By Two British Infantry Regiments And Their Artillery Trains On 1 October 1768."
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#samueladams #bostongazette #1769 #citizenstoarms #possessingarms #armspossession #colonialhistory #colonialamerica #americancolonies #selfdefense #americanfounders #foundingfathers #britishrule #beararms #2ahistory #disarmedcitizens #secondamendmentrights #billofrights #therighttobeararms #therighttobeararms #therighttobeararmshalbrook #righttobeararms #rightofthepeople #individualliberty #gunrights #englishbillofrights #righttobeararms #armeddefense #armedselfdefense #armedcitizens
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[ENGLISH BELOW] “Na manhã do dia 10 de novembro, o seguinte decreto apareceu nos jornais de toda a Alemanha:

“Judeus Proibidos de Possuir Armas
Por Ordem do ReichsFührer da SS Himmler
Munique, 10 de novembro
O Reichsführer da SS e Chefe da Polícia emitiu a seguinte Ordem: Todos aqueles que, de acordo com a Lei de Nuremberg, são considerados judeus, estão proibidos de possuírem armas.
Os violadores serão condenados a trabalhos forçados em campos de concentração e até 20 anos de prisão.”

De Halbrook, Hitler e o Desarmamento, Como o nazismo desarmou os Judeus e os “Inimigos do Reich”, pág. 218. 

Foto: Decreto original em alemão (1938)
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"On the morning of November 10 [1938], the following decree appeared in newspapers throughout Germany:

"Jews Forbidden to Possess Weapons
By Order of SS Reichsführer Himmler 
Munich, November 10
The SS Reichsführer and German Police Chief has issued the following order:
Persons who, according to the Nürnberg Law, are regarded as Jews, are forbidden to possess any weapon. Violators will be condemned to a concentration camp and imprisoned for a period of up to 20 years."

From Halbrook, Gun Control in the Third Reich: Disarming the Jews and "Enemies of the State", p. 169

Photo: Original decree in German (1938)
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#ANoitedosCristais #NoitedosCristais #kristallnacht #reichskristallnacht #nightofthebrokenglass #crystalnight #pogrom #kristallnachtrememberance #jewishhistory #nazihistory #nazigermany #germanjews #holocaust #holocausto #holocausthistory #1938 #wwiihistory #segundaguerramundial #guncontrol #disarm #ww2history #guncontrolinthethirdreich #HitlereoDesarmamento #onthisdate #concentrationcamp #campodeconcentração #Reichsführer #nuremberglaws #nuremberglaw #himmler

[ENGLISH BELOW] “Na manhã do dia 10 de novembro, o seguinte decreto apareceu nos jornais de toda a Alemanha:

“Judeus Proibidos de Possuir Armas
Por Ordem do ReichsFührer da SS Himmler
Munique, 10 de novembro
O Reichsführer da SS e Chefe da Polícia emitiu a seguinte Ordem: Todos aqueles que, de acordo com a Lei de Nuremberg, são considerados judeus, estão proibidos de possuírem armas.
Os violadores serão condenados a trabalhos forçados em campos de concentração e até 20 anos de prisão.”

De Halbrook, Hitler e o Desarmamento, Como o nazismo desarmou os Judeus e os “Inimigos do Reich”, pág. 218.

Foto: Decreto original em alemão (1938)
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"On the morning of November 10 [1938], the following decree appeared in newspapers throughout Germany:

"Jews Forbidden to Possess Weapons
By Order of SS Reichsführer Himmler
Munich, November 10
The SS Reichsführer and German Police Chief has issued the following order:
Persons who, according to the Nürnberg Law, are regarded as Jews, are forbidden to possess any weapon. Violators will be condemned to a concentration camp and imprisoned for a period of up to 20 years."

From Halbrook, Gun Control in the Third Reich: Disarming the Jews and "Enemies of the State", p. 169

Photo: Original decree in German (1938)
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#ANoitedosCristais #NoitedosCristais #kristallnacht #reichskristallnacht #nightofthebrokenglass #crystalnight #pogrom #kristallnachtrememberance #jewishhistory #nazihistory #nazigermany #germanjews #holocaust #holocausto #holocausthistory #1938 #wwiihistory #segundaguerramundial #guncontrol #disarm #ww2history #guncontrolinthethirdreich #HitlereoDesarmamento #onthisdate #concentrationcamp #campodeconcentração #Reichsführer #nuremberglaws #nuremberglaw #himmler
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Marathon & Triathlon Photos

Reykjavík Half-Marathon, 2019
Reykjavík, Iceland

Jungfrau Marathon, 2004
Jungfrau, Switzerland

Marine Corps Marathon
Washington, D.C.

Alcatraz Triathlon, 2001
San Francisco, California

Berlin Marathon, 2019
Berlin, Germany

Berlin Marathon, 2017
Berlin, Germany