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 >>

   

Books

Congressional Testimony

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Scholarly Articles

“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 Law 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” Federalist Society Review Vol. 21 (Mar. 31, 2020).

The Right to Bear Arms: For Me, But Not for Thee? 43 Harvard Journal of Law and Public Policy 1, 331-46 (Spring 2020).

View More Scholarly Articles >>

Op-Eds & Short Articles

“What This U.S. Supreme Court Decision Will Mean for America,” America’s 1st Freedom, Aug. 24, 2022.

“Supreme Court Second Amendment Ruling Is about Self-Defense,” Washington Examiner, July 15, 2022.

“What Firearms Have ‘Common-Use’ Protections?,” America’s 1st Freedom, May 22, 2022.

“Ukraine War Reintroduces U.S. Politicians to the Second Amendment, The Washington Times, Mar. 29, 2022.

“What Will the U.S. Supreme Court Decide?,” America’s 1st Freedom, Jan. 2, 2022.

“When Is a Constitutional Right Not a Right?,” The Wall Street Journal, Nov. 2, 2021.

“In New York State Rifle, the Court Should Look to Text, History, and Tradition,” SCOTUSblog, Oct. 30, 2021.

New York State Rifle Association v. Bruen: The Volokh Conspiracy, Oct.-Nov. 2021.

View More Op-Eds and Short Articles >>

TV Appearances

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Presentations

The ATF Can’t Ban Bump Stocks – Four Boxes Diner (Sept. 13, 2022)

Gun Registries Are Dangerous (and Illegal) – Four Boxes Diner (Sept. 11, 2022)

Americans Have a Right to Ghost Guns – Four Boxes Diner (Sept. 10, 2022)

ATF and Pistol Braces – Four Boxes Diner (Sept. 9, 2022)

Debate on NYSRPA v. Bruen: What Rights Does the 2nd Amendment Guarantee Outside the Home? – The Federalist Society (Nov. 17, 2021)

The Bruen Case in the Supreme Court – University of Texas Law School (Oct. 20, 2021)

2nd Amendment Redux in Supreme Court – Future of Freedom Foundation (Sept. 2021)

View More Presentations >>

Instagram Updates

"Freedom is indivisible. As soon as one starts to "Freedom is indivisible. As soon as one starts to restrict it, one enters upon a decline on which it is difficult to stop.” -- Ludwig von Mises, Human Action.  Professor Mises was an Austrian-American economist, philosopher, and sociologist.  He was born on this date in 1881.
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#LudwigvonMises #LudwigHeinrichEdlervonMises #vonmises #vonmisesquote #ludwigvonmisesquote #classicalliberalism #economist #socialphilosopher #economicfreedom #freedom #freedomquote #donttreadonme #libertarianquotes #economist #libertarianeconomist #socialisttotalitarianism #totalitarianism #greatquotes #austrianamerican #economictheory #libertarian #indivisiblefreedom #fightforfreedom #slipperyslope #importantquotes #freedomisindivisible #onthisday #onthisdate #bornonthisday #HumanAction

"Freedom is indivisible. As soon as one starts to restrict it, one enters upon a decline on which it is difficult to stop.” -- Ludwig von Mises, Human Action.  Professor Mises was an Austrian-American economist, philosopher, and sociologist.  He was born on this date in 1881.
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#LudwigvonMises #LudwigHeinrichEdlervonMises #vonmises #vonmisesquote #ludwigvonmisesquote #classicalliberalism #economist #socialphilosopher #economicfreedom #freedom #freedomquote #donttreadonme #libertarianquotes #economist #libertarianeconomist #socialisttotalitarianism #totalitarianism #greatquotes #austrianamerican #economictheory #libertarian #indivisiblefreedom #fightforfreedom #slipperyslope #importantquotes #freedomisindivisible #onthisday #onthisdate #bornonthisday #HumanAction
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Tomorrow is National Hunting and Fishing Day.  E Tomorrow is National Hunting and Fishing Day.  Established in 1972, President Nixon signed the first proclamation of National Hunting and Fishing Day.  He wrote: “I urge all citizens to join with outdoor sportsmen in the wise use of our natural resources and in insuring their proper management for the benefit of future generations.” 

There are many family friendly celebrations being held all over the country to introduce people to these sports and celebrate conservation.  It's another great reason to get outside and enjoy the many excellent benefits of hunting, shooting, and fishing.    

Photo: Ernest Hemingway, American writer and sportsman
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#NationalHuntingAndFishingDay #NationalHuntingAndFishingDay2022 #huntingandfishing #huntingandfishingday #NationalShootingSportsFoundation #NSSF #PresidentNixon #huntfishshoot #hunt #hunting #shoot #shooting #fishing #getoutdoors #familyfishing #familysports #learntoshoot #learntohunt #learntofish #natureconservation #righttohunt #2a #righttobeararms #anglerlife #fishingtime #greatoutdoorslife #greatoutdoors #firearmstraining #getoutside #ernesthemingway

Tomorrow is National Hunting and Fishing Day.  Established in 1972, President Nixon signed the first proclamation of National Hunting and Fishing Day.  He wrote: “I urge all citizens to join with outdoor sportsmen in the wise use of our natural resources and in insuring their proper management for the benefit of future generations.” 

There are many family friendly celebrations being held all over the country to introduce people to these sports and celebrate conservation.  It's another great reason to get outside and enjoy the many excellent benefits of hunting, shooting, and fishing.    

Photo: Ernest Hemingway, American writer and sportsman
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#NationalHuntingAndFishingDay #NationalHuntingAndFishingDay2022 #huntingandfishing #huntingandfishingday #NationalShootingSportsFoundation #NSSF #PresidentNixon #huntfishshoot #hunt #hunting #shoot #shooting #fishing #getoutdoors #familyfishing #familysports #learntoshoot #learntohunt #learntofish #natureconservation #righttohunt #2a #righttobeararms #anglerlife #fishingtime #greatoutdoorslife #greatoutdoors #firearmstraining #getoutside #ernesthemingway
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"In the Politics, Aristotle critically analyzes t "In the Politics, Aristotle critically analyzes the elitist, authoritarian regime advocated by Plato. . . .  According to Aristotle, 'there are many things which Socrates left undetermined; are farmers and craftsmen to have no share in government . . .?  Are they or are they not to possess arms . . .?'  In accord with his broad philosophical ideal of the golden mean, Aristotle expresses a keen awareness of the true basis of political equality: 'The whole constitutional set-up is intended to be neither democracy nor oligarchy but mid-way between the two--what is sometimes called "polity," the members of which are those who bear arms.'  Aristotle proceeded to attack again the constitution of Plato's Laws because, despite its suffrage, it was oligarchical--and one of its salient features was a disarmed populace."

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p.11. 

Painting: "Aristoteles" (1811) by Francesco Hayez
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#aristotle #philosophers #aristotlepolitics #aristotlespolitics #plato #platoslaws #socrates #elitistregime #authoritarianregime #polity #2ahistory #2a #2ndamendment #rtkba #righttobeararms #armedpeople #armedpopulace #disarmedpopulace #possessarms #armed #armedcitizen #keepandbeararms #individualrights #thateverymanbearmed #oligarchy #democracy #tyranny #rtba #weaponspossession #politicalequality

"In the Politics, Aristotle critically analyzes the elitist, authoritarian regime advocated by Plato. . . .  According to Aristotle, 'there are many things which Socrates left undetermined; are farmers and craftsmen to have no share in government . . .?  Are they or are they not to possess arms . . .?'  In accord with his broad philosophical ideal of the golden mean, Aristotle expresses a keen awareness of the true basis of political equality: 'The whole constitutional set-up is intended to be neither democracy nor oligarchy but mid-way between the two--what is sometimes called "polity," the members of which are those who bear arms.'  Aristotle proceeded to attack again the constitution of Plato's Laws because, despite its suffrage, it was oligarchical--and one of its salient features was a disarmed populace."

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p.11. 

Painting: "Aristoteles" (1811) by Francesco Hayez
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#aristotle #philosophers #aristotlepolitics #aristotlespolitics #plato #platoslaws #socrates #elitistregime #authoritarianregime #polity #2ahistory #2a #2ndamendment #rtkba #righttobeararms #armedpeople #armedpopulace #disarmedpopulace #possessarms #armed #armedcitizen #keepandbeararms #individualrights #thateverymanbearmed #oligarchy #democracy #tyranny #rtba #weaponspossession #politicalequality
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James "Madison introduced his draft of what became James "Madison introduced his draft of what became the Bill of Rights to the House of Representatives on June 8, 1789.  It included the provision: 'The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.'"

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 167.

Painting:  "Ani Get Your Gun" by Anne Kushnick (painter noted her model's name was "Ani").
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#jamesmadison #americanfounders #foundingfather #billofrights #2ahistory #gunowner #gunowners #armed #progun #historybuff #armedpopulace #therighttobeararms #jamesmadisonquotes #rtkba #rtba #bearingarms #AnneKushnick #therighttobeararmshalbrook #righttobeararms #rightofthepeople #armedpeople #keepandbeararms #2a #2ndamendment #righttokeepandbeararms #armedcitizens #2ndamendmentrights #regulatedmilitia #wellregulatedmilitia #wellarmed

James "Madison introduced his draft of what became the Bill of Rights to the House of Representatives on June 8, 1789.  It included the provision: 'The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.'"

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 167.

Painting:  "Ani Get Your Gun" by Anne Kushnick (painter noted her model's name was "Ani").
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#jamesmadison #americanfounders #foundingfather #billofrights #2ahistory #gunowner #gunowners #armed #progun #historybuff #armedpopulace #therighttobeararms #jamesmadisonquotes #rtkba #rtba #bearingarms #AnneKushnick #therighttobeararmshalbrook #righttobeararms #rightofthepeople #armedpeople #keepandbeararms #2a #2ndamendment #righttokeepandbeararms #armedcitizens #2ndamendmentrights #regulatedmilitia #wellregulatedmilitia #wellarmed
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John Zubly was a member of the Continental Congres John Zubly was a member of the Continental Congress from Georgia.  He "noted that, 'in a strong sense of liberty, and the use of fire-arms almost from the cradle, the Americans have vastly the advantage over men of their rank almost every where else.'  In fact, 'every child unborn will be impressed with the notion:  It is slavery to be bound at the will of another in all cases whatsoever,' and children were 'shouldering the resemblance of a gun before they are well able to walk.'  'The Americans will fight like men, who have everything at stake,' and their motto was 'DEATH OR FREEDOM.'"

Zubly's quotations are from his pamphlet Great Britain's Right to Tax  . . . By a Swiss, published in London and Philadelphia in 1775.  For further quotes and discussion, see Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 102.

Painting by Don Troiani
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#JohnZubly #johnzublyquotes #GreatBritainsRighttoTax #continentalcongress #swissamerican #1775 #thefounderssecondamendment #2a #2ndamendment #rtkba #righttobeararms #foundingfathers #americanfounders #uspatriot #individualrights #historybuff #2ahistory #rtba #righttokeepandbeararms #2amendment #keepandbeararms #therightofthepeople #armedcitizen #spiritofresistance #liberty #publicliberty #fightlikemen #deathorfreedom #americanpatriots #americanrevolution

John Zubly was a member of the Continental Congress from Georgia.  He "noted that, 'in a strong sense of liberty, and the use of fire-arms almost from the cradle, the Americans have vastly the advantage over men of their rank almost every where else.'  In fact, 'every child unborn will be impressed with the notion:  It is slavery to be bound at the will of another in all cases whatsoever,' and children were 'shouldering the resemblance of a gun before they are well able to walk.'  'The Americans will fight like men, who have everything at stake,' and their motto was 'DEATH OR FREEDOM.'"

Zubly's quotations are from his pamphlet Great Britain's Right to Tax  . . . By a Swiss, published in London and Philadelphia in 1775.  For further quotes and discussion, see Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 102.

Painting by Don Troiani
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#JohnZubly #johnzublyquotes #GreatBritainsRighttoTax #continentalcongress #swissamerican #1775 #thefounderssecondamendment #2a #2ndamendment #rtkba #righttobeararms #foundingfathers #americanfounders #uspatriot #individualrights #historybuff #2ahistory #rtba #righttokeepandbeararms #2amendment #keepandbeararms #therightofthepeople #armedcitizen #spiritofresistance #liberty #publicliberty #fightlikemen #deathorfreedom #americanpatriots #americanrevolution
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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