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
“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).
“The Right to Bear Arms: For Me, But Not for Thee?” 43 Harvard Journal of Law and Public Policy 1, 331-46 (Spring 2020).
Op-Eds & Short Articles
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.
“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.
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
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)
Aftermath of Bruen – Federalist Society National Convention (Nov. 12, 2022, begin at 12:25)
America’s Rifle: The Case for the AR-15 – SAF Gun Rights Policy Conference (Oct. 1, 2022)
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)
Instagram Updates
"As for repelling invasions, a reservoir of citizens with arms will always remain relevant. In 1941, when fear existed ...
Jan 27

"As for repelling invasions, a reservoir of citizens with arms will always remain relevant. In 1941, when fear existed of a Nazi invasion of the United Kingdom, George Orwell wrote about the Home Guard, of which he was a member: “The totalitarian states can do great things, but there is one thing they cannot do: they cannot give the factory-worker a rifle and tell him to take it home and keep it in his bedroom. That rifle hanging on the wall of the working-class flat or labourer’s cottage, is the symbol of democracy." -- George Orwell
From George Orwell, “Don’t Let Colonel Blimp Ruin the Home Guard,” Evening Standard, Jan. 8, 1941, quoted in Halbrook, America's Rifle: The Case for the AR-15, p. 339.
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#americasrifle #AmericasRifleTheCaseForTheAR15 #georgeorwell #georgeorwellquote #georgeorwellquotes #orwellian #famousauthors #democraticsocialist #totalitarian #totalitarianism #democracy #rifle #rifles #symbolofdemocracy #preserveliberty #2amendment #rtkba #righttobeararms #rtba #selfdefense #armed #progun #gunquote #gunquotes #armedselfdefense #naziinvasion #homeguard #colonelblimp #totalitarianstates #citizenswitharms
"The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep ...
Jan 26
!["The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. ... Horrid mischief would ensue were one half the world deprived of the use of them [arms]; ... the weak will become a prey to the strong." -- Thomas Paine, Pennsylvania Magazine
From: Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 151 (hardback edition).
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#thomaspaine #thomaspainequotes #keepandbeararms #therightofthepeople #foundingfather #shallnotbeinfringed #lawabidinggunowner #gunrights #2amendment #rtkba #righttobeararms #2ahistory #progun #foundingfathersquote #armedcitizen #selfdefenseisaright #rtba #therighttobeararms #therighttobeararmshalbrook #armedpeople #selfdefense #righttokeepandbeararms #gunrightsmatter #gunowners #preserveorder #vintagegunads #iverjohnson #iverjohnsonad #iverjohnsonrevolvers #iverjohnsonarmsandcycleworks](https://stephenhalbrook.com/wp-content/plugins/instagram-feed-pro/img/placeholder.png)
"The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. ... Horrid mischief would ensue were one half the world deprived of the use of them [arms]; ... the weak will become a prey to the strong." -- Thomas Paine, Pennsylvania Magazine
From: Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 151 (hardback edition).
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#thomaspaine #thomaspainequotes #keepandbeararms #therightofthepeople #foundingfather #shallnotbeinfringed #lawabidinggunowner #gunrights #2amendment #rtkba #righttobeararms #2ahistory #progun #foundingfathersquote #armedcitizen #selfdefenseisaright #rtba #therighttobeararms #therighttobeararmshalbrook #armedpeople #selfdefense #righttokeepandbeararms #gunrightsmatter #gunowners #preserveorder #vintagegunads #iverjohnson #iverjohnsonad #iverjohnsonrevolvers #iverjohnsonarmsandcycleworks
"While French regimes historically imposed various restrictions on gun ownership, in 1935 Prime Minister Laval issued ...
Jan 25

"While French regimes historically imposed various restrictions on gun ownership, in 1935 Prime Minister Laval issued an unprecedented decree imposing firearm registration. The timing could not have been worse. The German occupation that began in 1940 decreed the death penalty for gun ownership, and the French police--the repository of the registration records--enforced German policy. Laval became the collaborator-in-chief."
From Halbrook, Gun Control in Nazi-Occupied France, pgs. 3-4.
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#primeministerlaval #pierrelaval #germanoccupation #frenchregime #gunownership #gunrestrictions #franceguncontrol #wwii #wwiihistory #frenchguncontrol #naziguncontrol #francehistory #guncontrol #nazioccupiedfrance #righttobeararms #guncontrolinnazioccupiedfrance #ww2guns #gunconfiscation #firearmregistration #gunregistration #nazilaws #ww2history #disarm #gunrestriction #franceguns #frenchpolice #gunregistrationrecords #germanoccupation #deathpenalty #collaboratorinchief
Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ) and I discussed my new book, America's Rifle: The Case for the ...
Jan 24

Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ) and I discussed my new book, America's Rifle: The Case for the AR-15.
The interview is titled "AMERICA'S RIFLE: The Case For The AR-15..." and is available on "The Four Boxes Diner" YouTube channel at:
https://www.youtube.com/watch?v=EtddE-9g5Do
Timestamps:
0:00 Intro
0:51 New History Book
1:51 Why AR-15 Book?
3:42 SCOTUS "Arms Ban" Standard
7:25 HELLER: "handguns commonly used"
8:13 200,000 stun guns
9:08 AR-15=super popular
12:37 'Assault Weapon' Term
16:20 Staples v. US
17:55 Semi-auto rifles are COMMON
19:17 'Arms' Ban Legal Standard
20:48 AR rifles popular
22:59 ATF data Proves
24:30 Article I Patents
25:50 Thomas Jefferson in France
27:39 Malum prohibitum v. In aw
30:40 Malum prohibitum gun laws
31:32 'Modern Sporting Rifle' term
35:35 World War II "confiscation" history
39:10 2A Clauses
40:50 "Collective Rights" Theory
42:38 Armed Citizenry
44:48 President Biden's Arguments
47:47 America's Rifle
52:00 Outro
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#americasrifle #AmericasRifleTheCaseForTheAR15 #stephenhalbrook #ar15 #ar15rifle #ar15nation #ar15s #ar15world #ar15daily #ar15fanatics #ar15gunownersofamerica #semiautomaticrifle #semiautomaticrifles #2ahistory #gunhistory #firearmhistory #firearmsban #gunban #therightofthepeople #2ndamendment #righttobeararms #hellercase #nysrpavbruen #2acases #flashsuppressor #shoulderstock #assaultweapon #machinegun #m16 #repeatingfirearm
The American colonists' skills in hunting and target shooting combined with their militia experience to create good ...
Jan 23

The American colonists' skills in hunting and target shooting combined with their militia experience to create good marksmen. David Ramsay, in his History of the American Revolution (1789), wrote of the battle of Bunker Hill (June 17, 1775):
"None of the provincials in this engagement were riflemen, but they were all good marksmen. The whole of their previous military knowledge had been derived from hunting, and the ordinary amusements of sportsmen. The dexterity which by long habit they had acquired in hitting beasts, birds, and marks, was fatally applied to the destruction of the British officers."
Ramsay noted this contrast: "Europeans, from their being generally unacquainted with fire arms are less easily taught the use of them than Americans, who are from their youth familiar with these instruments of war . . . ."
From Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, pgs. 96-97.
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#battleofbunkerhill #bunkerhill #HistoryoftheAmericanRevolution #americanrevolution #colonialamerica #thefounderssecondamendment #1775 #marksmen #shootingskills #huntingskills #targetshooting #riflemen #sportsmen #2a #2ndamendment #2amendment #rtkba #rtba #firearm #firearms #righttobeararms #2ndamendmentmeaning #2ahistory #militia #selfdefense #coloniamilitia #armedcitizen #righttokeepandbeararms #selfdefense #selfprotection
In the late 1800s through early 1900s, several firearms manufacturers designed and marketed small arms specifically to ...
Jan 20

In the late 1800s through early 1900s, several firearms manufacturers designed and marketed small arms specifically to bicyclists. With dangers of robbery and assault, or simply vicious dogs, some cyclists wanted to be able to better protect themselves.
The April 14, 1900 Whitstable Times and Herne Bay Herald published an imagined encounter, which illustrated this:
Tramp: “Excuse me; have you seen a policeman?”
Cyclist: “No.”
Tramp: “Then I’ll have to call on you to give up your watch and money.”
To see more advertisements and for more history on this topic, see the blogpost: "Guns, Wheels, and Steel: Cyclists and Small Arms in the Late 19th Century" at: https://cyclehistory.wordpress.com/2015/10/03/guns-wheels-and-steel-cyclists-and-small-arms-in-the-late-19th-century/
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#cyclerevolver #cyclegun #cycleguns #bicyclegun #bicycleguns #bicyclerevolver #bicyclerifle #bikegear #gunsandwheels #wheelmen #cyclisthistory #gunhistory #smallarmshistory #selfdefense #selfprotection #armedcitizen #protectyourself #staysafe #smithandwessonad #smithandwessonrevolver #hammerlessrevolver #iverjohnson #iverjohnsonad #iverjohnsonrevolvers #oldgunads #gunads #vintagegunad #vintagegunads #vintageads #historyinads
"Around 1450, a German gunsmith cut spiraled grooves inside a gun barrel to cause the ball to spin, making it far more ...
Jan 19

"Around 1450, a German gunsmith cut spiraled grooves inside a gun barrel to cause the ball to spin, making it far more accurate than a smoothbore barrel. Such guns were called riffeln (from the German verb for “to cut or groove”). By 1650, this Jäger rifle had a flintlock ignition system. The Germans brought this gun to America, where it was made in Pennsylvania but later dubbed the “Kentucky rifle.” A German proverb went: Ohne Schweffel und Salzpeter gibt’s keine Freiheit! (Without sulfur and saltpeter, there can be no freedom!). Unlike the musket, the rifle had good front and rear sights together with a longer barrel that fired a smaller caliber ball at greater distances."
From Halbrook, America's Rifle: The Case for the AR-15, p. 101.
Photo: John Spitzer - Kentucky Rifle - Walters 511434 - Side A.jpg
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#americasrifle #AmericasRifleTheCaseForTheAR15 #stephenhalbrook #2ahistory #gunhistory #firearmhistory #firearmshistory #germanproverb #germanproverbs #freiheit #freedom #gunsmith #germangunsmith #gunbarrel #riflebarrel #smoothborebarrel #Jägerrifle #Jäger #flintlock #flintlockignitionsystem #longbarrelrifle #kentuckyrifle #longrifle #pennsylvaniarifle #americanlongrifle #rifledfirearm #musket #muskets #riflesight #riflesights
"A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or ...
Jan 18

"A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that." Wisdom from Shane, the main character of the 1953 classic Western movie, Shane.
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#gunwisdom #guntruth #shanemovie #shane1953 #westernmovie #cowboywestern #westernfilm #westernfilms #westerncinema #classicmovie #50swestern #classicwesternmovie #hollywoodclassics #gunfighter #homesteaders #revolver #revolvers #selfdefense #rtkba #rtba #2a #gunquote #gunquotes #gunwisdom #agunisatool #oldwest #guncommonsense #gunresponsibility #westernmoviequotes