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
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
“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).
Second Amendment Roundup at The Volokh Conspiracy
“Looking for Historical Tradition in All the Wrong Places,” The Volokh Conspiracy, Aug. 24, 2023.
“The Supreme Court Stays Vacatur of AFT Regulations,” The Volokh Conspiracy, Aug. 8, 2023.
“Upholding Oregon’s Magazine Ban,” The Volokh Conspiracy, July 25, 2023.
“Delaware’s Gun Ban Heats Up,” The Volokh Conspiracy, July 13, 2023.
“Third Circuit Rules Felon Ban Invalid as Applied,” The Volokh Conspiracy, June 11, 2023.
“Looking for Historical Analogues in All the Wrong Places,” The Volokh Conspiracy, June 6, 2023.
“U.S. Seeking Cert on Prohibited Persons,” The Volokh Conspiracy, May 29, 2023.
“The Supreme Court Should Review and Enjoin the Illinois Gun Ban,” The Volokh Conspiracy, May 10, 2023.
“Illinois Gun Ban Enjoined,” The Volokh Conspiracy, May 1, 2023.
“A Judge Who Understands Firearms,” The Volokh Conspiracy, Apr. 27, 2023.
Op-Eds & Short Articles
“The Battle for Freedom Escalates,” America’s 1st Freedom, June 28, 2023.
“Book Review: Einer Für Alle, Alle Für Einen—One For All, All For One,” 59 Swiss American Historical Society Review, No. 2, 92-100 (2023).
“America’s Rifle: What the Gun-Control Crowd Doesn’t Want You to Know about AR-Type Rifles,” America’s 1st Freedom, Jan. 29, 2023.
Second Amendment Law at The Volokh Conspiracy, Dec. 2022.
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- “Should Courts Appoint Historians as Experts in Second Amendment Cases?,” Dec. 15, 2022.
- “Did the Fourteenth Amendment Alter the Meaning of the Second Amendment?,” Dec. 14, 2022.
- “‘Plain Text,’” Dec. 13, 2022.
- “America’s Rifle,” Dec. 12, 2022.
- “Stephen Halbrook Guest-Blogging on Second Amendment Law,” Dec. 12, 2022.
“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.
TV Appearances

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
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)
America’s Rifle: The Case for the AR-15 – Four Boxes Diner (Jan. 21, 2023)
The ATF Pistol Brace Rules – Four Boxes Diner (Jan. 15, 2023)
Instagram Updates
Monday I discussed the current issues concerning pistol braces with Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ). ...
May 24

Monday I discussed the current issues concerning pistol braces with Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ). What exactly is going on? Is this just an ATF power grab? If you have a pistol brace, how do you get in compliance to stay out of legal trouble? Where will the pendulum swing next?
Our interview is titled "BREAKING NEWS: ATTORNEY STEPHEN HALBROOK BREAKS DOWN CURRENT PISTOL BRACE FIGHT" (May 22, 2023) and is available on "The Four Boxes Diner" YouTube channel at:
https://www.youtube.com/watch?v=28rvoQjczOY
Timestamps:
0:00 Stephen Halbrook Background
0:43 NFA & Pistol Braces
4:48 Is the ATF's Statement Correct?
6:59 Definition of Pistol v Rifle
8:55 Why the ATF is Doing This
10:50 Can you just take the brace off?
14:13 Definition Broadening
16:40 Tie Goes To The Citizen
19:48 Chevron Doctrine
22:14 Upcoming SCOTUS Case
25:58 How Can Most Americans Comply?
29:35 How Prosecutors Will Deal With This...
34:25 How This Will Affect Disabled People
36:25 Deadline Upcoming...
41:02 Thank You!
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#pistolbrace #pistolbraces #stabilizingbrace #stabilizingbraces #shortbarrelrifle #shortbarreledrifle #2ndamendment #2amendment #2acase #2acases #nationalfirearmsact #nfaweapons #nfafirearms #gunamnesty #firearmsamnesty #atf #batf #batfe #rtba #rtkba #bureauofalcoholtobaccofirearmsandexplosives #machinegun #riflebarrel #shoulderstock #chevrondoctrine #stephenhalbrook #firearmhistory #pistolsvsrifle #pistolbraceban #freedomisnotfree🇺🇸
A number of states are rebelling against the U.S. Supreme Court's decision in New York State Rifle & Pistol ...
May 23

A number of states are rebelling against the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022), resulting in litigation across the country. As a result, what is unfolding is a critical “part of a larger historical struggle between freedom and slavery.” I recently had a good discussion about this with Frank Miniter, the Editor-in-Chief of America's 1st Freedom.
The name of the episode is "A Year After Bruen, and this is Happening?" (May 20, 2023) and can be viewed on YouTube at the NRAPubs channel: https://www.youtube.com/watch?v=JtKCDyb-Vwc or on America's 1st Freedom website at: A1F.com.
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#2acases #2alaws #2ahistory #2arights #2alaw #2arights #nysrpavbruen #shallnotinfringe #assaultweaponban #magazineban #pistolgrip #firearms #handgunroster #guncontrol #concealedcarry #permittocarry #gunsafety #gunmanufacturer #colonialmilitia #guncontrolact #redflaglaws #americasrifle #AmericasRifleTheCaseForTheAR15 #stephenhalbrook #americas1stfreedom #gunrightsmatter #righttobeararms #rtba #rtkba #assaultweapon
"Legislatures prohibit so-called assault weapons. But that term has no fixed meaning, and thus, its features can be ...
May 22

"Legislatures prohibit so-called assault weapons. But that term has no fixed meaning, and thus, its features can be defined in contradictory and meaningless ways. Cook County bans generically a rifle with pistol grip and no stock, Massachusetts bans a rifle with pistol grip and a stock, and Maryland does not ban either one. The courts reviewing these bans repeat the terms 'assault weapon' and 'military style' ad nauseam, throw in some intermediate-scrutiny hocus pocus, and voilà—no Second Amendment violation. Rarely is there any meaningful analysis of the specific features that are supposedly so dangerous and unusual that they lose Second Amendment protection."
From Halbrook, America's Rifle: The Case for the AR-15, p.333.
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#americasrifle #AmericasRifleTheCaseForTheAR15 #2ahistory #2acases #firearmsban #gunban #therightofthepeople #2a #2ndamendment #righttobeararms #rtba #rtkba #assaultweapon #assaultweapons #assaultweaponban #assaultweaponsban #whatisanassaultweapon #2aright #2ndamendmentright #2asupporter #ar15nation #ar15daily #pistolgrip #gunstock #2aviolation #2ndamendmentviolation #2aprotection #2ndamendmentprotection
You want a "healthy constitution to face the trials of life with"? Get outside and get in some hunting or target ...
May 19

You want a "healthy constitution to face the trials of life with"? Get outside and get in some hunting or target shooting.
Vintage Stevens ad from an early 1900s issue of Harper's Monthly.
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#gunads #vintagegunads #stevensrifles #stevensshotguns #stevenspistols #stevensgunad #vintageads #historyinads #stevensad #jstevensarms #jstevensarmscompany #vintagegunad #1900sadvertising #responsiblegunowner #responsiblegunownership #stevensarms #sportswoman #womanhunter #womenandguns #reliablegun #historicgunad #huntingdog #harpersmonthly #harpersmonthlymagazine #targetshooting #getoutdoors #riflespistolsshotguns #firearmscompany #guncompany #gunmanufacturer
In World War II, the Nazis despised Switzerland due to her values of freedom and democracy. Invasion plans were made but ...
May 18

In World War II, the Nazis despised Switzerland due to her values of freedom and democracy. Invasion plans were made but the cost in blood would have been high, and soldiers were needed for the Eastern Front. "In September 1942, the Division for Foreign Armies in the West of the German Army’s General Staff put together a Kleine Orientierungsheft Schweiz (Orientation Booklet about Switzerland). It included a brief exposition of the Swiss Army’s fighting qualities:
'Under the Swiss militia system, all men fit for duty are registered at relatively low cost. This militia system maintains the martial spirit of the Swiss people and establishes an army that, for such a small country, is strong, well organized, and quickly mobilized.
'Swiss soldiers love their country and are hardy and tough. They are excellent marksmen and take good care of their weapons, equipment, uniforms, horses and pack animals. In particular Swiss Germans and soldiers from the Alps are reputed to be good fighters.
'However, despite intensive drills and exercises over recent years, soldiers were not trained well enough, at least at the beginning of the war.
'Army leadership reflects both German and French influences. However, the lack of real-war experience and the overly bureaucratic organization of the staffs complicate most operations. Also, the Swiss tend to commit their reserves too quickly.
'With that said, so far there have been no indications that both the government and the people are not determined to defend Swiss neutrality against any and all attackers.' ”
From Halbrook, The Swiss and The Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich, p. 246
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#schweizerarmee #1942 #freedomanddemocracy #swissarmyleadership #swissgermans #militarydrills #swissmarksmanship #swissneutrality #swissarmy #swisssoldiers #nazigermany #wwiihistory #ww2history #armedswiss #swissresistance #resistance #naziinvasion
#Switzerlandhistory #swissarmywwii #swissarmy #theswissandthenazis #armedneutrality #swissarmedneutrality #swissmilitaryservice #switzerland #homedefense #armeddefense #swissarmedforces #militia #swissmilitia
"As an advocate of a popular militia instead of a professional standing army, Machiavelli was particularly qualified to ...
May 18

"As an advocate of a popular militia instead of a professional standing army, Machiavelli was particularly qualified to examine the subject in The Art of War (1521), for he had successfully organized and led a citizen militia in the early sixteenth century. In praising the Roman republican example of part-time common soldiers, who 'entered voluntarily into the service,' while working in other occupations, Machiavelli lauds 'the important privilege accorded Roman citizens of not being forced into the army against their will.' The demise of the republic was also the demise of the armed populace: 'For Augustus, and after him Tiberius, more interested in establishing and increasing their own power than in promoting the public good, began to disarm the Roman people (in order to make them more passive under their tyranny) and to keep the same armies continually on foot within the confines of the Empire.'"
From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p. 22.
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#niccolòmachiavelli #niccolomachiavelli #machiavelli #machiavelliquotes #theartofwar #militia #standingarmy #citizenmilitia #romanrepublic #romancitizens #augustus #tiberius #disarmthepeople #2a #2ndamendment #defendthe2nd #rtkba #righttobeararms #armedpeople #armedpopulace #armed #armedcitizen #keepandbeararms #selfdefense #thateverymanbearmed #historybuff #historygeek #2ahistory #tyranny #tyranicalgovernment
"The right of self defence is the first law of nature; in most governments it has been the study of rulers to confine ...
May 16

"The right of self defence is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction." -- St. George Tucker. Tucker, a law professor and judge, was known as "the American Blackstone," and wrote the first ever commentaries on the United States Constitution.
From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 185 (hardback edition).
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#stgeorgetucker #lawprofessor #americanblackstone #blackstonescommentaries #2ahistory #2a #2ndamendment #righttobeararms #secondamendment #citizenrights #guns #firearms #rtkba #individualrights #keepandbeararms #rtba #therighttobeararms #therighttobeararmshalbrook #righttobeararms #rightofthepeople #selfdefense #armedselfdefense #rightofselfdefense #righttoselfdefense #individualliberty #usconstitution #lawofnature #1stlawofnature #standingarmies #brinkofdestruction
In the United States: "Most state constitutions protect the right to have and carry 'arms,' and none include ...
May 15

In the United States: "Most state constitutions protect the right to have and carry 'arms,' and none include language that would freeze the technology of such arms in a time period. Pennsylvania’s 1790 guarantee that the citizens’ right 'to bear arms in defence of themselves and the State shall not be questioned' is not limited to flintlocks. For over two centuries, states have continued to adopt or amend arms guarantees. Missouri’s 2014 amended guarantee, the most recent, protects the citizen’s right 'to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property' from being 'questioned.' Modern arms such as the AR-15 semiautomatic rifle are obviously included."
From Halbrook, America's Rifle: The Case for the AR-15, p. 108.
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#stateconstitutions #usconstitutions #paconstitution #pennsylvaniaconstitution #moconstitution #missouriconstitution #selfdefense #armedselfdefense #homedefense #gunsandammo #firearmaccessories #gunaccessories #ar15 #semiautomaticrifle #modernfirearms #americangunowners #americasrifle #AmericasRifleTheCaseForTheAR15 #2ahistory #therightofthepeople #tokeepandbeararms #shallnotbeinfringed #2ndamendment #righttobeararms #rtba #rtkba #2ndamendmentright #2asupporter #ar15nation #ar15daily
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