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
“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.
“An Opportunity to Clarify 1791 vs. 1868,” The Volokh Conspiracy, January 14, 2026.
“Hawaii Sticks to Its Black Code Precedent,” The Volokh Conspiracy, January 13, 2026.
“Civil Rights Division Sues Virgin Islands,” The Volokh Conspiracy, December 21, 2025.
“Supreme Court to Decide Status of Unlawful Drug Users,” The Volokh Conspiracy, December 15, 2025.
“Arms and the Citizenship Issue,” The Volokh Conspiracy, December 8, 2025.
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
The couple that hunts together, stays together. Think they`re on a special outing for Valentine`s Day?
Image: 1904 Stevens Rifle Ad
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#gunads #vintagegunads #stevensrifle #stevensrifles #stevensriflead #stevensad #vintageads #historyinads #huntinglife #couplesthathunttogether #couplesthathunt #coupleswhohunt #hunttogether #couplesthathunttogetherstaytogether #womenhunters #womenthathunt #outdoorswoman #huntingisfun #shotgunhunting #vintagehuntingillustration #huntingillustration #righttobeararms #huntinglife #outdoorsman #outdoorlife #huntingatthebeach
"Second Amendment deprivations were debated in bills leading to the enactment of the Freedmen’s Bureau Act and the Civil Rights Act of 1866.... Rep. Thomas Eliot quoted a report from the Freedmen’s Bureau: `The civil law prohibits the colored man from bearing arms; returned soldiers are, by the civil officers, dispossessed of their arms and fined for violation of the law.` As the commissioner of the Freedmen’s Bureau put it, `the right of the people to keep and bear arms as provided in the Constitution is infringed….`
"Muskets used in military service were thus considered arms protected by the Second Amendment. While they had to be reloaded after each shot, a typical musket was a formidable weapon: `A rifle [musket] could fire a bullet with man-killing accuracy over 800 yards….` Standard bullets were .58 caliber weighing 510 grains,13 which is enormous compared to today’s much smaller bullets, such as the .223 caliber bullet weighing fifty-five grains used in many AR-15 rifles.
"But that military utility did not preclude constitutional protection. Muskets also had civilian uses. A Freedmen’s Bureau official testified that blacks `are proud of owning a musket or fowling-piece. They use them often for the destruction of vermin and game.`”
From Halbrook, America`s Rifle: The Case for the AR-15, p. 136.
Photo: Black Union soldiers at Picket Station, Dutch Gap, Virginia. (November 1864)
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#freedmensbureauact #fourteenthamendment #14amendment #civilrightsact #civilrightsactof1866 #freedmensbureau #infringed #reconstruction #constitutionalprotection #militaryweapons #civilianweapons #musketbullet #musketbullets #blackcodes #postcivilwar #firearmsrights #civilwarguns #muskets #americasrifle #AmericasRifleTheCaseForTheAR15 #2ahistory #gunhistory #gunlaws #guncontrollaw #guncontrollaws #firearmsprohibition #2ndamendmentrights #righttobeararms #righttokeepandbeararms #blackgunsmatter
"The Second Amendment, Sensitive Places, and Comprehensive Government Security compendium by Dr. Angus McClellan has just been posted on SSRN. This comprehensive survey of historic `gun free zones` demonstrates that when the government required its citizens to disarm to enter such locations, it protected them with armed security....
"... McClellan`s research will be invaluable for scholars and litigators researching America`s historical tradition of firearm regulation as it concerns so-called `sensitive places.`
"...Vast evidence exists that security was provided in each of the 13 original states (plus Vermont) in courthouses and legislative assemblies. Evidence was also located that 10 of the original states had security at polling places...."
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"In short, yes, there were sensitive locations at the time of the Founding. And when Founding-era governments did not have the resources to secure all such locations, the Founders had a solution to that problem. They required men to bring their firearms to church. This is unlike the approach we see today in states like New Jersey, New York, California, and Hawaii where government-mandated gun free zones render their citizens defenseless. It was precisely the opposite of the approach of such states today– rather than making the sensitive location a gun free zone, they required citizens to arm to protect themselves."
The above excerpts are from my Second Amendment Roundup blog post, "Sensitive Places Require Government-Provided Armed Security" (2/9/26).
Read the post at reason.com/volokh or copy and paste: https://reason.com/volokh/2026/02/09/second-amendment-roundup-sensitive-places-require-government-provided-armed-security/
Link can also be accessed through the home page of my website, stephenhalbrook.com
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#2amendmentandsensitiveplaces #governmentsecurity #AngusMcClellan #gunfreezone #gunfreezones #disarmedcitizens #nysrpavbruen #sensitiveplaces #sensitiveplacesdoctrine #armedsecurity #armsrestriction #gunrestriction #publicassemblies #foundingera #militia #armedprotection #schoolgunrestrictions #handgunban #gunlaws #2achallenge #2acase #2acases #2ndamendmentcases #firearmslaw #historyandtradition
In 1881, "the New York Penal Code for the first time restricted concealed weapons: `A person who carries concealed about his person any kind of firearms ... such as is [sic] usually employed in attack or defense of the person, is guilty of a misdemeanor.` That same year, New York City made it an offense for a person to possess a pistol `concealed on his person, or not carried openly,` without a permit, which would be issued to `a proper and law abiding person` `to carry a pistol for his protection.` And in 1884, New York passed a law requiring a license for a person under eighteen years old to carry a pistol or other firearm in a public street, highway, or place of a city.
"The Penal Code effective in 1895 showed the state ban on carrying concealed weapons to have been repealed. Then, in 1910, it became a crime for a person to `have or carry concealed upon his person in any city, village or town of this state, any pistol, revolver or other firearm without a written license therefor ....` Thus for many years open possession of pistols and revolvers and all other firearms was permissible. The law only prohibited concealment of weapons."
From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 268-69 (hardback edition).
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#newyorkpenalcode #nylaws #firearmpossession #carryapistol #individualrights #defensivecarry #armedselfdefense #righttocarry #openpossession #pistolsandrevolvers #concealedcarryban #keepandbeararms #therightofthepeople #2ahistory #lawfulcarry #concealedfirearm #opencarry #concealedcarry #concealedweapon #concealedweapons #armedcitizen #armedcitizens #therighttobeararms #therighttobeararmshalbrook #armedpeople #gunrightsmatter #2amendmentsupporter #gunrightsmatter
[ENGLISH BELOW] "Embora as autoridades não estivessem preparadas para ir tão longe, o Parlamento aprovou a Lei Contra o Mau Uso de Armas (Gesetz gegen Waffenmiβbrauch), assinada pelo Presidente do Reich, Paul von Hindenburg, e pelo Ministro do Interior Wirth, em 28 de março de 1931. Excluia o porte de porretes e facões para além da própria residência, exceto para policiais, portadores de permissões de posse de arma de fogo e caçadores. Além disso, tornou crime a reunião de pessoas armadas em espaços públicos por propósitos políticos. A polícia recebeu poderes ilimitados quanto às licenças e quanto à aplicação dessas leis, ainda que, como então se revelou, as autoridades policiais mesmas não fossem neutras, ou mesmo apolíticas, na aplicação da lei. Mesmo assim, presumia-se que, no geral, a polícia era a instituição social basicamente responsável pela proteção dos indivíduos, e tal norma social e jurídica, longe de servir a qualquer direito à posse de armas, serviu de alicerce às leis restritivas."
De Halbrook, Hitler e o Desarmamento, págs. 49-50.
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"...the Reichstag passed the Law Against Unauthorized Use of Weapons (Gesetz gegen Waffenmiβbrauch), which Reich president Paul von Hindenburg and Interior Minister Wirth signed into law on March 28, 1931. It banned the carrying of a truncheon or stabbing weapon off of one`s premises, exempting police, persons with firearm carry permits, and hunters. It also made it a crime to assemble armed in a public place for political purposes. The police were given unbridled discretion in the issuance of permits and in enforcement of these laws, though as practice revealed, the police authorities themselves were not neutral or even apolitical in their application of the law. Nevertheless, it was generally presumed that the police were the primary social entity responsible for the protection of individual citizens, and this societal and legal norm, rather than any right to bear arms, served as the underpinning for restrictive laws.
From Gun Control in the Third Reich, pgs. 25-26.
Photo: President Hindenburg (1931)
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#guncontrolinthethirdreich #HitlereoDesarmamento #PaulVonHindenburg #JosephWirth #1931 #weimarrepublic
"The Lewis and Clark Expedition struck out in 1804 to explore the lands west of the Mississippi that constituted the Louisiana Purchase....What would be a critical instrument of the voyage was a repeating air gun that, while ahead of its time, constituted an `arm` in the meaning of the Second Amendment. The gun would exemplify the use of arms to dissuade potential attackers without ever being used actually to shoot a person.
"Among other preparations, Captain Lewis purchased an air rifle in 1803 while en route to Pittsburgh, where the keelboat was being built. It was a Girandoni air rifle designed in 1779 or 1780 and successfully used by Austrian sharpshooters in the Austro-Turkish War. It had a twenty-two-round magazine, which could be reloaded in seconds. Its pressure flask enabled it to fire up to eighty rounds. The gun had a range of 150 yards, compared to a musket’s range of fifty to a hundred yards.
"A few days into the journey, the expedition stopped at Wheeling, (West) Virginia, where they were visited by Thomas Rodney, a federal judge. Rodney recorded in his diary: `He shewed us his air gun which fired 22 times at one charge…. [W]hen in perfect order she fires 22 times in a minute.`”
From Halbrook, America`s Rifle: The Case for the AR-15, pgs. 123-124.
Photo: Lewis and Clark Air Gun, 1795. National Firearms Museum.
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#lewisandclark #lewisandclarkexpedition #meriwetherlewis #williamclark #corpsofdiscovery #Girandoni #Girandoniairgun #airgun #airgunhistory #muskets #repeatingairgun #famousexplorers #austriansharpshooters #austroturkishwar #austrianmilitary #22roundmag #magazinecapacity #gunmagazine #AmericasRifleTheCaseForTheAR15 #2ahistory #therightofthepeople #righttobeararms#2aprotection #2ndamendmentprotection #nationalfirearmsmuseum
Sir Hiram Stevens Maxim is best known for creating the Maxim gun, which was the world`s first automatic machine gun, in 1884. By World War I, both sides were fighting with Maxim’s invention: whether labeled Vickers, MG 08, or M1910, the recoil-operated, water-cooled machine gun traced directly back to Hiram Maxim’s 1884 design.
During his lifetime, Maxim invented many mechanical devices including steam pumps, aircraft artillery, magno-electric machines, and various gas, steam, and oil engines. He invented the first automatic sprinkler system and other helpful items such as mousetraps, eyelet and riveting machines, and hair-curling irons.
Maxim was born 186 years ago today. (February 5, 1840.)
Photo: Hiram Maxim with an early but refined version of his machine gun, c. 1884–1885.
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#maximmachinegun #maximgun #hiramstevensmaxim #hirammaxim #sirhirammaxim #machinegun #machineguns #automaticmachinegun #fullauto #machinegunhistory #recoiloperated #recoiloperatedmachineguns #firearmshistory #nfa #nfagun #engineerinventors #americaninventor #britishinventor #militaryweapons #evolutionofmachineguns #automaticgun #automaticguns #machinist #mechanicalengineer #bornonthisday #bornonthisdate #ww1guns #vickersmachinegun #mg08machinegun #m1910
In the early 1900s, elaborate hats with wide brims were fashionable for women. Hatpins, sometimes as long as 12 inches, were used to secure a large hat to a woman`s hairstyle. Hatpins were also a handy, and effective, tool of self defense. Newspapers around the country reported about women using hatpins to fend off attackers, or in one case, fight each other in a duel. By 1909, hatpins were considered such an international threat, that police chiefs in Germany and France considered laws to regulate their length.
In March 1910, Chicago’s city council debated--and passed--an ordinance that banned hatpins longer than nine inches. Women caught in violation would be arrested and fined $50. One supporter had said that when it came to "wearing swords [women] must be stopped." Nan Davis argued, “If the men of Chicago want to take the hatpins away from us, let them make the streets safe.”
Illustration from The Evening World, May 27, 1903.
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#selfdefense #selfdefensetool #womensweapon #womensweapons #victoriancrime #womensselfdefense #legalweapon #hatpin #hatpins #hatpindefense #victorianhatpin #hatpinweapons #hatpinban #womenshistory #defendyourself #streetattack #dontbeavictim #vintagephotos #1900s #chicagoordinance #1900shat #1900shatpin #1900shatpin #assaultweapon



















