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
Gun Control Act/National Firearms Act
- Firearm technical classifications
- ATF regulatory compliance
- FFL warning conferences, license denials,
- Legal disabilities and restoration of civil rights
- Criminal defense
State and Local Laws
- “Assault weapon” restrictions
- Legal status of firearms
- Challenging restrictions
“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).
“To Bear Arms for Self-Defense: A ‘Right of the People’ or a Privilege of the Few? Part 1” Federalist Society Review Vol. 21 (Mar. 23, 2020).
Op-Eds & Short Articles
“When Is a Constitutional Right Not a Right?,” 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.
- “Don’t Know Much About History: New York’s Supreme Court Brief on the Second Amendment Is Flawed.”
- “Does a Medieval English Statute Supersede the Second Amendment? New York Takes a Long Shot at Saving Its Firearm Carry Ban.”
- “New York’s Futile Search for Historical Precedents for Its Handgun Carry Restrictions: The Massachusetts Model Was Not a Carry Ban and Required Aggressive Behavior Before It Applied.”
- “A Surprise Amicus Brief in the Challenge to New York’s Gun Carry Ban: Former Judge Luttig’s Arguments Are Off Base.”
- “The Right to Bear Arms in Historical Context: Founding Realities Refute New York’s Arguments Supporting Its Gun Carry Ban.”
- “The Sensitive Places Issue in New York Rifle.” (with David Kopel)
“Supreme Court’s Latest Second Amendment Case Isn’t about Race, It’s about Rights,” Washington Times, Oct. 25, 2021.
“Will We Be Allowed to Carry Our Freedom Where We Need It Most?,” America’s 1st Freedom, Aug. 2021.
“New York Gun Rights Case Before Supreme Court with Massive Consequences,” The Hill, July 23, 2021.
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)
Discussing The Right to Bear Arms – The Ben Shapiro Show (June 2021)