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
1968 Hearings on GCA Regulations



Books
Congressional Testimony

Feinstein Semiauto Ban & Fix NICS
12-6-2017

Sportsmen’s Heritage & Recreational Enhancement (SHARE) Act
10-12-2017

Judge Sotomayor Nomination
Senate Judiciary Committee | 7-17-2009

Eric Holder Nomination
Senate Judiciary Committee | 1-16-2009
Scholarly Articles
“Birthright Citizenship Requires Parental Allegiance to the United States: The Meaning of ‘Subject to Its Jurisdiction’ in the Fourteenth Amendment” (October 27, 2025).
“The Power to Tax, the Second Amendment, and the Search for Which ‘“Gangster” Weapons’ to Tax,” 25 Wyoming Law Review No. 1 (2025) (Special Issue: The National Firearms Act), 149-190.
“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).
Second Amendment Roundup at The Volokh Conspiracy
“U.S. Supports Rehearing in D.C. Magazine Ban Case,” The Volokh Conspiracy, April 8, 2026.
“The Citizenship Clause Implicates the Second Amendment,” The Volokh Conspiracy, March 29, 2026.
“Group Self-Defense Against Terrorism,” The Volokh Conspiracy, March 22, 2026.
“Oral Argument in Hemani,” The Volokh Conspiracy, March 2, 2026.
“Bruen’s Citations on Sensitive Places,” The Volokh Conspiracy, February 19, 2026.
“New Jersey’s ‘Sensitive Places’ Argued in 3rd Circuit En Banc,” The Volokh Conspiracy, February 12, 2026.
“Sensitive Places Require Government-Provided Armed Security,” The Volokh Conspiracy, February 9. 2026.
“5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment,” The Volokh Conspiracy, February 2, 2026.
“Four Points on the Wolford Argument,” The Volokh Conspiracy, January 25, 2026.
“Wolford and the Government Security Principle for Sensitive Places,” The Volokh Conspiracy, January 20, 2026.
“Expert Historian Testimony Is Unnecessary in Second Amendment Litigation,” The Volokh Conspiracy, January 18, 2026.
“Hawaii’s Ban on Firearms on Property Open to the Public,” The Volokh Conspiracy, January 15, 2026.
“Important Wolford Brief Addresses Bruen Methodology,” The Volokh Conspiracy, January 14, 2026.
Op-Eds & Short Articles
“How Gun Confiscation Sparked the American Revolution,” America’s 1st Freedom, Jan. 1, 2026.
“America 250: The Tradition of the Armed Citizen Lives On,” American Rifleman 32 (Jan. 2026).
“Gun Control Had a Lot to Do with the Shot Heard ’Round the World,” America’s 1st Freedom, June 23, 2025.
“Can State Semi-Automatic Rifle Bans Last?” America’s 1st Freedom, December 19, 2024.
“The NRA Goes to the Highest Court in the Land to Protect Our Right to Speak,” America’s 1st Freedom, May 24, 2024.
“This Supreme Court Case Also Matters,” America’s 1st Freedom, Jan. 20, 2024.
“The Great Legal War Over Your Freedom,” America’s 1st Freedom, Dec. 23, 2023.
TV Appearances

SCOTUS Upholds Regulations on "Ghost Guns"
The Dana Show | 3-28-2025

Joe Biden's Proposed Gun Bans
Newsmax TV | 6-3-2022

The Right to Bear Arms
One America News Network | 6-21-2021

The Right to Bear Arms
Daily Wire | 6-10-2021

COVID-19: Will the Second Amendment Survive the Coronavirus?
Independent Institute | 4-29-2020

Protecting the Second Amendment
CPAC, National Harbor, MD | 2-27-2020

Does the Right to Bear Arms Include a Right to Carry Handguns in Public?
Federalist Society, Washington, D.C. | 1-15-2019

Assault Weapons or Assault on the Constitution?
Federalist Society, Long Island | 4-24-2018

What Does "Well-Regulated Militia" Mean?
Fox Business | 10-15-2014
Nazi Gun Control
Newsmax TV | 10-16-2014
2nd Amendment Rights
The Daily Ledger | 12-23-2013
Presentations
Stephen Halbrook on How the American Revolution Had a Lot to Do with Gun Control – NRA, “Voices of the Second Amendment (Atlanta),” (Jun. 8, 2025)
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)
Instagram Updates
In Bruen, Justice Samuel Alito questioned "why Justice Breyer in dissent thought it relevant to `to recount the mass shootings that have occurred in recent years,` asking:
" `Does the dissent think that laws like New York’s prevent or deter such atrocities? Will a person bent on carrying out a mass shooting be stopped if he knows that it is illegal to carry a handgun outside the home? And how does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator.`
"That referred to the racially motivated murder of ten victims, mostly African Americans, in Buffalo, New York, in 2022. Having passed the background check, the killer purchased a rifle that was compliant with New York law but converted it into an `assault weapon` configuration by using a power drill. He then murdered his victims at a grocery store, anticipating no resistance because New York law generally denied the right of civilians to carry handguns.
"As Justice Alito further wrote: `And while the dissent seemingly thinks that the ubiquity of guns and our country’s high level of gun violence provide reasons for sustaining the New York law, the dissent appears not to understand that it is these very facts that cause law-abiding citizens to feel the need to carry a gun for self-defense.` ”
New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022) quoted in Halbrook, America`s Rifle: The Case for the AR-15, p. 59.
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#nysrpavbruen #newyorkgunlaws #nygunlaws #nycgunlaws #justicealito #justicesamuelalito #samuelaliteo #justicebreyer #massshootings #gunviolence #firearmsrestrictions #concealedcarry #opencarry #AmericasRifleTheCaseForTheAR15 #2acases #firearmsban #gunban #therightofthepeople #2ndamendment #righttobeararms #2aright #2ndamendmentright #2asupporter #2ndamendmentviolation #2aprotection #2ndamendmentprotection #armedselfdefense #lawabidingcitizens
I can`t imagine smoking a cigar while hunting, but this dog seems to be all about celebrating his day. This illustration is from a vintage German postcard titled "Vermenschlichter Dackel als Jäger" (Humanized Dachshund as Hunter), created by the Leipzig artist Arthur Thiele (1860–1936). Thiele was known for humorous anthropomorphic animal postcards in the early 1900s. He especially liked using Dachshunds, a German dog breed, in his illustrations.
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#righttohunt #ArthurThiele #gundogs #gundogoutdoors #gundogoftheday #gundogsofinsta #vintagedogart #germanartists #huntingillustration #gamehunting #huntinglife #hunter #huntingisfun #huntingdog #huntingdogs #fieldhunting #outdoorsforthesoul #huntingquotes #dachshundhunter #dachshundillustration
Allen Dulles was "the last American to enter Switzerland legally before the Nazi occupation of Vichy France. Although he was officially attached to the American legation, Dulles described his real tasks as an assignment to `gather information about the Nazi and Fascist enemy and quietly to render such support and encouragement as I could to the resistance forces working against the Nazis and Fascists in the areas adjacent to Switzerland.` "
Dulles, who was aware that the Nazis made plans to invade Switzerland in 1943, reflected: "At the peak of its mobilization Switzerland had 850,000 men under arms or standing in reserve, a fifth of the total population.... That Switzerland did not have to fight was thanks to its will to resist and its large investment of men and equipment in its own defense. The cost to Germany of an invasion of Switzerland would certainly have been very high."
From Halbrook, Target Switzerland: Swiss Armed Neutrality in World War II, pgs. 172, 181, 210.
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#allendulles #allenwelshdulles #espionage #ww2spy #wwiihistory #ww2history #naziinvasion #targetswitzerland #switzerlandmobilization #swissmobilization #resistanceforces
#armedswiss #swissresistance #nazigermany #resistance #naziinvasion #nazioccupation #Switzerlandhistory #swissarmywwii #swissarmy #armedneutrality #swissarmedneutrality #vichyfrance #islandofdemocracy
"Some of the firearms used at Lexington and Concord are still extant, including Ezekiel Rice`s fowling piece and Captain John Parker`s musket. Parker commanded the militiamen at Lexington. His musket, `an icon of American freedom,` [hung until 2018] in the Massachusetts Senate Chamber."
From Halbrook, The Founders` Second Amendment: Origins of the Right to Bear Arms, p. 78.
Photos: Ezekiel Rice`s Sleur Fowler Musket was produced by Clamer Hendrick Sleur of Amsterdam in the Netherlands in circa 1730. It was carried by Rice at North Bridge in Concord on April 19, 1775. The firearm is permanently on display at the Sudbury Historical Society (Sudbury, Massachusetts).
Captain John Parker’s flintlock fowler musket was carried by him during the April 19, 1775, Battle of Lexington and "Parker`s Revenge". The musket is currently on display in the Massachusetts Senate Reading Room (Boston, Massachusetts).
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#lexingtonandconcord #americanrevolution #militiamen #battleoflexington #parkersrevenge #EzekielRice #CaptainJohnParker #fowlingpiece #flintlockfowler #fowlermusket #flintlockmusket #flintlockmuskets #americanfreedom #sleurfowlermusket #april191775 #1775 #thefounderssecondamendment #2ahistory #colonialamerica #americanpatriot #americanliberty #shallnotbeinfringed #2ndamendmentsupporter #righttobeararms #riflemen #muskets
This is Jesse James` War of Rebellion pistol. Or is it? Zerelda Samuel, Jesse James` mother, seemed to have made a habit of selling old handguns to tourists, or in this case a doctor, claiming they had belonged to her notorious outlaw son.
After fighting in the Civil War, Jesse, his brother Frank, and their gang, robbed banks, trains, and stagecoaches across the Midwest between 1866 and 1881.
James was assassinated on this date in 1882. He was shot in the back of his head by Robert Ford, a newer recruit to his gang. Ford used a .45-caliber Colt revolver that James had once gifted him. James was murdered in his own home while straightening a picture on the wall. Ford was motivated by a $10,000 reward offered by Missouri`s Governor. Though the general public at the time believed James needed to be stopped, many called Ford a coward and traitor for killing him.
Photo: Jesse James` Civil War pistol (a .32 cal. Allen Dragoon Pepperbox) is on display at the NRA Firearms Museum in Fairfax, Virginia.
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#jessejames #frankjames #jamesyoungergang #jessejamesgang #trainrobberies #robertford #1882 #americanoutlaws #americanoutlaw #civilwarpistol #allendragoonpepperbox #32cal #32caliber #jessejamespistol #pepperbox #pepperboxpistol #colt45 #45cal #45caliber #colt45s #trainbandit #outlawguns #NRAmuseum #NRAmuseums #nrafirearmsmuseum #diedonthisday #onthisdayinhistory #firearmsphotography
"When the `Great War` broke out, on August 1, 1914, with combatants on all borders of Switzerland, the Federal Council ordered mobilization of the entire army. Some 450,000 answered the call....
"Known as the `occupation of frontiers,` the Swiss strategy during World War I was a strong border defense by three divisions, backed by a reserve of three more divisions, with four brigades in the southern mountains. The border troops were concentrated at the northwest corner of the country to protect the frontier against both France and Germany.
"As they had in previous conflicts, the outnumbered Swiss placed great emphasis on superior military training and equipment. The army was supplied with Maxim machine guns and updated artillery. Both aviation and anti-aircraft defenses were introduced. Although the Italians briefly contemplated a march through Switzerland, both they and the Germans decided to respect Swiss neutrality. The French continued to fear the possibility of a German attack on France through Switzerland until the very end of the war and discussed the concept of a joint defense with the Swiss in the event of a German invasion. These talks, which took place during the last stages of the war in 1917-18, were the precursor of similar joint plans in 1939-40.
"The concept of armed neutrality served Switzerland well in World War I as it had for centuries...."
From Halbrook, Target Switzerland: Swiss Armed Neutrality in World War II, p. 19.
Photo: Swiss soldiers training during the First World War - Swiss Federal Archives
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#thegreatwar #1914 #swissfederalcouncil #occupationoffrontiers #Swissstrategy #militarytraining #swissmilitarytraining #maximmachineguns #maximmachinegun #antiaircraft #swisshistory #armedswiss #swissresistance #swissheroes #WWIhistory #Switzerlandhistory #swissarmywwi #swissneutrality #armedneutrality #swissarmedneutrality #helvetia #targetswitzerland
Are these nuns with guns real or an April Fool`s Day joke? They`re for real! These sisters really did enjoy practicing with their Harrington & Richardson .22 rifles. This photo, titled "Row of Nuns Aiming Rifles", was taken in 1957. Three of the nuns in the photo were being trained to serve as instructors for Camp Mishannock`s rifle program.
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#harringtonandrichardson #harringtonandrichardsonarmsco #CampMishannock #nunswithguns #historyinpictures #historyphoto #sistersofdivineprovidence #22rifle #22rifles #22rifleshooting #1957 #rifleinstructor #rifleshooting #shootingsports #righttokeepandbeararms #2amendment #shootingisfun #vaticanrifleteam #nuns #godgivenright #rifletesting #womenshooters #riflefun #nunsinhistory #rifleprogram #rifleinstructors #gunsinphotos #vintageguns #targetshooting #targetshootingfun
"On April 1, the Supreme Court will hear argument in Trump v. Barbara, concerning the meaning of the Citizenship Clause in the Fourteenth Amendment. ... [T]here is a significant collateral issue at stake besides whether a birth certificate reflects citizenship. That issue relates to whether a person may lawfully receive or possess firearms.
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"I filed an amicus curiae brief in the Barbara case on behalf of the Article III Project in support of the petitioners and reversal. Although none of the briefs of the parties or amici (including mine) discuss the nexus between the Citizenship Clause and the Second Amendment, that issue looms in the background of who are citizens and thus who may lawfully possess firearms.
"The federal appellate courts have consistently held that illegal aliens are subject to the federal gun ban because they are not protected by the Second Amendment...."
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"While the cases are rarer, it has also been held that aliens here under a nonimmigrant visa are not protected by the Second Amendment...."
The above excerpts are from my Second Amendment Roundup blog post, "The Citizenship Clause Implicates the Second Amendment" (3/29/26).
Read the post at reason.com/volokh or copy and paste: https://reason.com/volokh/2026/03/29/second-amendment-roundup-the-citizenship-clause-implicates-the-second-amendment/
Link can also be accessed through the home page of my website, stephenhalbrook.com
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#trumpvbarbara #citizenshipclause #14amendment #14thamendment #2ndamendmentrights #2nda #2amendment #2ndamendmentprotection #birthcertificate #uscitizenship #nonimmigrantvisa #lawfullyreceivefirearms #firearmrights #possessfirearms #guncontrolact #18usc922g #illegalaliens #noncitizens #texthistorytradition #historytradition #securingcivilrights #civilrightsact #blackcodes #freedmensbureauact #SCOTUS #stephenhalbrook #secondamendmentroundup #2arights



















