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

Civil and Criminal Cases Litigated >>

   

Books

Congressional Testimony

Scholarly Articles

“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).

The Right to Bear Arms: For Me, But Not for Thee? 43 Harvard Journal of Law and Public Policy 1, 331-46 (Spring 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).

View More Scholarly Articles >>

Op-Eds & Short Articles

TV Appearances

Presentations

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)

View More Presentations >>

Instagram Updates

Thanksgiving Day, celebrated tomorrow here in the Thanksgiving Day, celebrated tomorrow here in the United States, has become focused on food and football.  At the very first Thanksgiving, that is the 1621 event in Plymouth that became the model for our Thanksgiving holiday, there was plenty of food.  But instead of football, the Pilgrims and Indians enjoyed some target shooting with their firearms.  Edward Winslow described the celebration in a letter to a friend in England:  "amongst other recreations, we exercised our arms, . . . "

For Winslow's entire quote, go to: https://www.plimoth.org/learn/just-kids/homework-help/thanksgiving/thanksgiving-history 
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#thanksgiving2021 #firstthanksgiving #1stthanksgiving #turkeyday #pilgrims #pilgrimsandindians #indians #thanksgivingday #thanksgiving1621 #thanksgivingfact #edwardwinslow #plimoth #plimothplantation #happythanksgiving #shooting #shootingmatch #shootingcompetition #excercisedourarms #thanksgivinghistory #newengland #nativeamericans #ushistory #americanhistory #rtkba #rtba #righttobeararms #1621 #massasoit #fallharvest #huntforfood

Thanksgiving Day, celebrated tomorrow here in the United States, has become focused on food and football.  At the very first Thanksgiving, that is the 1621 event in Plymouth that became the model for our Thanksgiving holiday, there was plenty of food.  But instead of football, the Pilgrims and Indians enjoyed some target shooting with their firearms.  Edward Winslow described the celebration in a letter to a friend in England:  "amongst other recreations, we exercised our arms, . . . "

For Winslow's entire quote, go to: https://www.plimoth.org/learn/just-kids/homework-help/thanksgiving/thanksgiving-history 
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#thanksgiving2021 #firstthanksgiving #1stthanksgiving #turkeyday #pilgrims #pilgrimsandindians #indians #thanksgivingday #thanksgiving1621 #thanksgivingfact #edwardwinslow #plimoth #plimothplantation #happythanksgiving #shooting #shootingmatch #shootingcompetition #excercisedourarms #thanksgivinghistory #newengland #nativeamericans #ushistory #americanhistory #rtkba #rtba #righttobeararms #1621 #massasoit #fallharvest #huntforfood
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Consider this:  "If keeping and bearing arms was Consider this:  "If keeping and bearing arms was a 'right' only of 'the militia, when in actual service,' the Framers certainly would have so stated.  It would have been odd, when guaranteeing 'the right of the people to keep and bear arms,' had the Framers really meant 'the right of the militia to keep and bear arms when authorized and activated by the government.' "

From The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pg. 17.
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#americanhistory #ushistory #freedom #2ahistory #rtkba #rtba  #therighttobeararms #therighttobeararmshalbrook #righttobeararms #armed #rightofthepeople #armedpeople #keepandbeararms #2a #2ndamendment #righttokeepandbeararms #gunrightsmatter #secondamendment #2amendmentsupporter #constitutionalright #therightofthepeople #ShallNotBeInfringed #foundingfathers #framersoftheconstitution #militia #americanmilitia #originalintent #rightofthepeople #huntingphoto

Consider this:  "If keeping and bearing arms was a 'right' only of 'the militia, when in actual service,' the Framers certainly would have so stated.  It would have been odd, when guaranteeing 'the right of the people to keep and bear arms,' had the Framers really meant 'the right of the militia to keep and bear arms when authorized and activated by the government.' "

From The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pg. 17.
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#americanhistory #ushistory #freedom #2ahistory #rtkba #rtba  #therighttobeararms #therighttobeararmshalbrook #righttobeararms #armed #rightofthepeople #armedpeople #keepandbeararms #2a #2ndamendment #righttokeepandbeararms #gunrightsmatter #secondamendment #2amendmentsupporter #constitutionalright #therightofthepeople #ShallNotBeInfringed #foundingfathers #framersoftheconstitution #militia #americanmilitia #originalintent #rightofthepeople #huntingphoto
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Regarding the Rittenhouse trial, yesterday's ve Regarding the  Rittenhouse trial, yesterday's verdict by the jury that Kyle Rittenhouse was not guilty on all five counts was excellent news.  The day before, I had discussed with Dana Loesch ( @dloesch ) on The First TV the possible reason for the jury taking so long to reach their decision was they wanted to review all the facts carefully to make sure a not guilty verdict was correct.

The interview (about 2 minutes long) has been posted on "The First" channel with the title "MSNBC Banned From Rittenhouse Trial" (Nov. 18).  The direct link is:

https://www.youtube.com/watch?v=cyKXHs1qUfo&feature=youtu.be&ab_channel=TheFirst
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#DanaLoesch #DanaRadio #TheDanaShow #thefirstontv #stephenhalbrook #kylerittenhouse #rittenhousetrial #selfdefense #gunssavelives #defendyourself 
#therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #righttocarry #righttocarryarms #guncontrol #2ahistory #2a #secondamendment #constitutionalright #therightofthepeople #shallnotbeinfringed #2ndamendmentrights #2arightsforall

Regarding the Rittenhouse trial, yesterday's verdict by the jury that Kyle Rittenhouse was not guilty on all five counts was excellent news.  The day before, I had discussed with Dana Loesch ( @dloesch ) on The First TV the possible reason for the jury taking so long to reach their decision was they wanted to review all the facts carefully to make sure a not guilty verdict was correct.

The interview (about 2 minutes long) has been posted on "The First" channel with the title "MSNBC Banned From Rittenhouse Trial" (Nov. 18).  The direct link is:

https://www.youtube.com/watch?v=cyKXHs1qUfo&feature=youtu.be&ab_channel=TheFirst
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#DanaLoesch #DanaRadio #TheDanaShow #thefirstontv #stephenhalbrook #kylerittenhouse #rittenhousetrial #selfdefense #gunssavelives #defendyourself 
#therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #righttocarry #righttocarryarms #guncontrol #2ahistory #2a #secondamendment #constitutionalright #therightofthepeople #shallnotbeinfringed #2ndamendmentrights #2arightsforall
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The Federalist Society has posted an online event The Federalist Society has posted an online event I spoke at this past Wednesday, on their YouTube Channel.  It was hosted by The Federalist Society’s Student Division & Saint Louis University School of Law Student Chapter and entitled "Feddie Night Fights: NYSRPA v. Bruen: What Rights Does the Second Amendment Guarantee Outside the Home?"  I debated the issue with author Patrick Charles while attorney Barbara Smith served as moderator.  A Question & Answer section is included.

See the Federalist Society's YouTube channel.  Direct link is: 

https://www.youtube.com/watch?v=-E-_DY7V2wI&list=RDCMUCMk8U2Hmfdxqn3zrCq2g9oQ&start_radio=1
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#nysrpavbruen #naaga #therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #righttocarry #righttocarryarms #concealedcarry #guncontrol #2ahistory #2a #secondamendment #constitutionalright #therightofthepeople #shallnotbeinfringed #2acase #nysrpa #firearmslaws #2ndamendmentrights #2arightsforall  #mayissuelaw #feddienightfights #fedsocevents #federalistsociety #fedsoc #2aeducation #stephenhalbrook

The Federalist Society has posted an online event I spoke at this past Wednesday, on their YouTube Channel.  It was hosted by The Federalist Society’s Student Division & Saint Louis University School of Law Student Chapter and entitled "Feddie Night Fights: NYSRPA v. Bruen: What Rights Does the Second Amendment Guarantee Outside the Home?"  I debated the issue with author Patrick Charles while attorney Barbara Smith served as moderator.  A Question & Answer section is included.

See the Federalist Society's YouTube channel.  Direct link is: 

https://www.youtube.com/watch?v=-E-_DY7V2wI&list=RDCMUCMk8U2Hmfdxqn3zrCq2g9oQ&start_radio=1
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#nysrpavbruen #naaga #therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #righttocarry #righttocarryarms #concealedcarry #guncontrol #2ahistory #2a #secondamendment #constitutionalright #therightofthepeople #shallnotbeinfringed #2acase #nysrpa #firearmslaws #2ndamendmentrights #2arightsforall  #mayissuelaw #feddienightfights #fedsocevents #federalistsociety #fedsoc #2aeducation #stephenhalbrook
...

William Tell is remembered on this date for shoo William Tell is remembered on this date for shooting an apple off his son's head in Switzerland.  "The familiar legend of William Tell exemplifies Swiss resistance to foreign domination and cultivation of the martial spirit.  Today, Tell is portrayed on the modern 5-franc piece and occupies a place as a Swiss folk hero similar to that of Robin Hood in English-speaking countries.  Immortalized by Schiller in his 1804 play (written to encourage resistance to Napoleon's occupation of Europe), the feats of William Tell bear a striking resemblance to earlier tales from Scandinavian mythology . . . . Yet the reality behind the story illustrates both the fierce determination of Swiss to maintain their freedom and independence and their proud tradition of marksmanship." 

"Tell's story takes place just before the Alliance of 1291.  According to an early American account, Governor Gessler of Uri, a puppet of the then-occupying Austrians, 'placed a hat on a pole at Altdorf, and gave strict orders that every one should pay that hat the same honour as if he were present himself.'  When Tell repeatedly passed by Gessler's hat without taking off his own, he was condemned to shoot an apple off the head of his six-year-old son at 120 paces; the alternative was death for both father and son.  In a remarkable display of archery skill Tell succeeded in hitting the apple and sparing the boy. . . . After the shooting of the arrow, Gessler asked Tell why he had another arrow in his quiver.  Tell responded that, had he injured the child, he would have sent the remaining arrow into the governor's heart."   

From Target Switzerland, pgs. 3-4.
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#swissheroes #williamtellday #williamtell #williamtellshot #williamtellhistory #folkhero #switzerlandhistory #swisshistory #switzerland #austriahistory #austrianhistory #allianceof1291 #governorgessler #uri #altdorf #archery #targetswitzerland #shootapple #swissresistance #shootarchery #robinhood #traditionalarchery #williamtellarchery #bowandarrow #napoleonbonaparte #marksman #marksmanship #onthisday #onthisdate #Scandinavianmythology

William Tell is remembered on this date for shooting an apple off his son's head in Switzerland.  "The familiar legend of William Tell exemplifies Swiss resistance to foreign domination and cultivation of the martial spirit.  Today, Tell is portrayed on the modern 5-franc piece and occupies a place as a Swiss folk hero similar to that of Robin Hood in English-speaking countries.  Immortalized by Schiller in his 1804 play (written to encourage resistance to Napoleon's occupation of Europe), the feats of William Tell bear a striking resemblance to earlier tales from Scandinavian mythology . . . . Yet the reality behind the story illustrates both the fierce determination of Swiss to maintain their freedom and independence and their proud tradition of marksmanship." 

"Tell's story takes place just before the Alliance of 1291.  According to an early American account, Governor Gessler of Uri, a puppet of the then-occupying Austrians, 'placed a hat on a pole at Altdorf, and gave strict orders that every one should pay that hat the same honour as if he were present himself.'  When Tell repeatedly passed by Gessler's hat without taking off his own, he was condemned to shoot an apple off the head of his six-year-old son at 120 paces; the alternative was death for both father and son.  In a remarkable display of archery skill Tell succeeded in hitting the apple and sparing the boy. . . . After the shooting of the arrow, Gessler asked Tell why he had another arrow in his quiver.  Tell responded that, had he injured the child, he would have sent the remaining arrow into the governor's heart."   

From Target Switzerland, pgs. 3-4.
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#swissheroes #williamtellday #williamtell #williamtellshot #williamtellhistory #folkhero #switzerlandhistory #swisshistory #switzerland #austriahistory #austrianhistory #allianceof1291 #governorgessler #uri #altdorf #archery #targetswitzerland #shootapple #swissresistance #shootarchery #robinhood #traditionalarchery #williamtellarchery #bowandarrow #napoleonbonaparte #marksman #marksmanship #onthisday #onthisdate #Scandinavianmythology
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"The foundation of everything is . . . . that the "The foundation of everything is . . . . that the people will form an equal representative government . . . . That the people will be universally armed: they will assume those weapons for security . . . . A people that legislate for themselves ought to be in the habit of protecting themselves."  -- Joel Barlow

From: The political writings of Joel Barlow. --Containing-- Advice to the privileged orders. Letter to the national convention. Letter to the people of Piedmont. The conspiracy of kings. (1796)

Portrait by Robert Fulton, 1805.  If you don't know who Robert Fulton was, see my post from yesterday.
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#joelbarlow #americandiplomat #2aquotes #2ahistory #robertfulton #politicalwritings #liberty #tyranny #freedom #tyrannicalgovernment #wordsoftruth  #americanliberty #libertynottyranny #wethepeople #bewaregovernmentalpower #donttreadonme #equalrepresentation #universallyarmed #selfdefense #armyourself #therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #2a #secondamendment #2ndamendmentrights #2arightsforall

"The foundation of everything is . . . . that the people will form an equal representative government . . . . That the people will be universally armed: they will assume those weapons for security . . . . A people that legislate for themselves ought to be in the habit of protecting themselves."  -- Joel Barlow

From: The political writings of Joel Barlow. --Containing-- Advice to the privileged orders. Letter to the national convention. Letter to the people of Piedmont. The conspiracy of kings. (1796)

Portrait by Robert Fulton, 1805.  If you don't know who Robert Fulton was, see my post from yesterday.
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#joelbarlow #americandiplomat #2aquotes #2ahistory #robertfulton #politicalwritings #liberty #tyranny #freedom #tyrannicalgovernment #wordsoftruth  #americanliberty #libertynottyranny #wethepeople #bewaregovernmentalpower #donttreadonme #equalrepresentation #universallyarmed #selfdefense #armyourself #therighttobeararms #rtkba #rtba #righttobeararms #righttokeepandbeararms #2ndamendment #2a #secondamendment #2ndamendmentrights #2arightsforall
...

Robert Fulton (1765-1815), was an American invento Robert Fulton (1765-1815), was an American inventor, engineer, and artist and is best known for creating the first commercially viable steamboat.  By the age of 7, Fulton was spending a lot of time at Mr. Messersmith's gun shop, watching and helping.  He seemed to have more sense than many adults and used his artistic ability to etch and engrave firearms.  When the American Revolution began, Fulton was 11.  He helped gunsmiths repair old rifles and design new ones.  He made bullet molds and cast bullets.   He even designed and built a rifle with an original bore and sight that was used with excellent results during Revolutionary battles.  

I learned about this interesting part of Fulton's life from my grandson, Hunter.  He just finished reading the book Robert Fulton: Boy Craftsman by Marguerite Henry and recommends it. (Henry is famous for her Misty of Chincoteague series.)
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#robertfulton #fulton #steamboat #steamengine #clermont #MargueriteHenry #MargueriteHenrybooks #RobertFultonBoyCraftsman #gunshop #americanrevolution #riflerepair #designrifles #Messersmithgunshop #rifleengraving #firearmengraving #etchinggun #etchingengraving #inventor #americaninventor #engineer #americanengineer #artist #americanartist #bulletmold #bulletmolds #moldingbullets #castbullets #riflesight #riflesights #riflebore

Robert Fulton (1765-1815), was an American inventor, engineer, and artist and is best known for creating the first commercially viable steamboat.  By the age of 7, Fulton was spending a lot of time at Mr. Messersmith's gun shop, watching and helping.  He seemed to have more sense than many adults and used his artistic ability to etch and engrave firearms.  When the American Revolution began, Fulton was 11.  He helped gunsmiths repair old rifles and design new ones.  He made bullet molds and cast bullets.   He even designed and built a rifle with an original bore and sight that was used with excellent results during Revolutionary battles.  

I learned about this interesting part of Fulton's life from my grandson, Hunter.  He just finished reading the book Robert Fulton: Boy Craftsman by Marguerite Henry and recommends it. (Henry is famous for her Misty of Chincoteague series.)
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#robertfulton #fulton #steamboat #steamengine #clermont #MargueriteHenry #MargueriteHenrybooks #RobertFultonBoyCraftsman #gunshop #americanrevolution #riflerepair #designrifles #Messersmithgunshop #rifleengraving #firearmengraving #etchinggun #etchingengraving #inventor #americaninventor #engineer #americanengineer #artist #americanartist #bulletmold #bulletmolds #moldingbullets #castbullets #riflesight #riflesights #riflebore
...

Marathon & Triathlon Photos

Reykjavík Half-Marathon, 2019
Reykjavík, Iceland

Jungfrau Marathon, 2004
Jungfrau, Switzerland

Marine Corps Marathon
Washington, D.C.

Alcatraz Triathlon, 2001
San Francisco, California

Berlin Marathon, 2019
Berlin, Germany

Berlin Marathon, 2017
Berlin, Germany