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
“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).
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.
- “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)
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)