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 >>

1968 Hearings on GCA Regulations

Books

Congressional Testimony

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Scholarly Articles

“Birthright Citizenship Requires Parental Allegiance to the United States: The Meaning of ‘Subject to Its Jurisdiction’ in the Fourteenth Amendment” (October 27, 2025).

“The Power to Tax, the Second Amendment, and the Search for Which ‘“Gangster” Weapons’ to Tax,” 25 Wyoming Law Review No. 1 (2025) (Special Issue: The National Firearms Act), 149-190.

“Textualism, the Gun Control Act, and ATF’s Redefinition of ‘Firearm’,” Harvard Journal of Law & Public Policy: Per Curiam No. 32, (Summer 2024).

“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).

View More Scholarly Articles >>

Second Amendment Roundup at The Volokh Conspiracy

“Oral Argument in Hemani,” The Volokh Conspiracy, March 2, 2026.

Bruen’s Citations on Sensitive Places,” The Volokh Conspiracy, February 19, 2026.

“New Jersey’s ‘Sensitive Places’ Argued in 3rd Circuit En Banc,” The Volokh Conspiracy, February 12, 2026.

“Sensitive Places Require Government-Provided Armed Security,” The Volokh Conspiracy, February 9. 2026.

“5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment,” The Volokh Conspiracy, February 2, 2026.

“Four Points on the Wolford Argument,” The Volokh Conspiracy, January 25, 2026.

Wolford and the Government Security Principle for Sensitive Places,” The Volokh Conspiracy, January 20, 2026.

“Expert Historian Testimony Is Unnecessary in Second Amendment Litigation,” The Volokh Conspiracy, January 18, 2026.

“Hawaii’s Ban on Firearms on Property Open to the Public,” The Volokh Conspiracy, January 15, 2026.

“Important Wolford Brief Addresses Bruen Methodology,” The Volokh Conspiracy, January 14, 2026.

“An Opportunity to Clarify 1791 vs. 1868,” The Volokh Conspiracy, January 14, 2026.

“Hawaii Sticks to Its Black Code Precedent,” The Volokh Conspiracy, January 13, 2026.

“Civil Rights Division Sues Virgin Islands,” The Volokh Conspiracy, December 21, 2025.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

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Presentations

Stephen Halbrook on How the American Revolution Had a Lot to Do with Gun Control – NRA, “Voices of the Second Amendment (Atlanta),” (Jun. 8, 2025)

Courthouse Steps Oral Argument: Garland v. Cargill – The Federalist Society, (Mar. 5, 2024)

Attorney Stephen Halbrook Discusses the Upcoming Supreme Court Case Garland v. Cargill on Whether Bump Stocks Are Machine Guns – The Federalist Society, “A Seat at the Sitting: The February Docket” (Feb. 15, 2024)

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)

View More Presentations >>

Instagram Updates

[ENGLISH BELOW] Nesta data, em 1938, Hitler declarou o Anschluss da Áustria, e a Lei de Armas Hitler-Frick foi oficialmente publicada. "A nova Lei de Armas foi promulgada apenas 4 dias após a anexação (Anschluss) da Áustria, na qual um triunfante Hitler voltava à sua terra natal para ocupá-la. A repressão foi imediata. Victor Klemperer escreveu em seu diário: 
'Por algum tempo, antes da ocupação da Áustria, ocorreram investigações cuidadosas (livros e periódicos) em nome da Gestapo sobre os indivíduos que, dentre os professores e escritores austríacos, haviam publicado trabalhos anti-fascistas. Essas pessoas foram presas imediatamente'.

"Os registros de donos de armas da polícia austríaca seria outra fonte óbvia para as investigações da Gestapo.

"Tal como foi adotada, a Lei de Armas de Hitler-Frick unia muitos elementos da lei de 1928 às inovações Nacional Socialistas. Requeria-se uma licença para fabricar, montar ou consertar armas de fogo e munição, e até mesmo para recarregar cartuchos. 'A licença não deve ser concedida se o candidato, ou aqueles que busquem tornar-se gerentes de comércio ou gerentes técnicos de produção, ou mesmo qualquer um envolvido, for judeu'."

De Halbrook, Hitler e o Desarmamento, págs. 174-75.
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On this date in 1938, Hitler declared the Anschluss of Austria and the Hitler-Frick Weapons Law was officially published. "The new Weapons Law was enacted only four days after the Anschluss of Austria, in which a triumphant Hitler returned to his homeland to occupy it. The repression was immediate. Victor Klemperer wrote in his diary: 'Some time before the occupation of Austria there were careful investigations (books and periodicals) on behalf of the Gestapo as to who among the Austrian professors and writers had published anti-Fascist work. These people were immediately arrested.' Austrian police records on firearms owners would have been another obvious source for the Gestapo investigation.

"As adopted, the Hitler-Frick Weapons Law combined many elements of the 1928 law with National Socialist innovations. A license was required to manufacture, assemble, or repair firearms and ammunition and even to reload [CONTINUED IN COMMENTS]

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During their lunch break in March 1938, employees of the London bookseller W. H. Smith gathered on the rooftop of their office building--not for tea--but for marksmanship practice. These women were members of the company’s rifle club, training with .22 caliber small-bore rifles. In the tense years before World War II, civilian rifle clubs were common across Britain, encouraged as both sport and national preparedness.

This photo is a striking reminder that ordinary citizens in Britain--including women--were once widely encouraged to learn the discipline of responsible marksmanship.
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#1938 #shootingclub #civilianrifleclub #companyrifleclub #womensshootingclub #womensrifleclub #Londonrifleclub #marksmanship #marksmanshippractice #responsiblemarksmanship #shootingpractice #22rifle #22rifles #22cal #22caliber #22caliberrifle #smallborerifle #smallborerifleshooting #smallborerifletraining #citizenswitharms #girlsandguns #shootingisfun #shootingguns #ladyshooters #womenandguns #womenandshooting #righttobeararms #gunphoto #coololdphotos #whsmith

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[ENGLISH BELOW] "... se tratou de uma tomada de poder por parte de Hermann Göring, o mestre de caça da Alemanha e chefe da Luftwaffe, para assumir o controle do total acima mencionado de 45.500 armas de caça como se fosse seu butim. Göring era famoso por saquear arte; saquear armas de fogo teria satisfeito seus desejos artísticos e de caça, bem como fornecido um espólio para os membros da Luftwaffe." De Halbrook, Desarmamento Na França Ocupada Pelos Nazistas, págs. 95-96.

Em 26 de fevereiro de 1935, Adolf Hitler assinou um decreto estabelecendo formalmente a Luftwaffe como um ramo da Wehrmacht. A Luftwaffe foi confirmada publicamente pelo governo em 11 de março de 1935.

Foto: Göring com a bengala de Manfred von Richthofen (o Barão Vermelho).
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Hermann Göring, Germany's hunt master and Luftwaffe chief, took 45,500 hunting guns from the French as loot in 1941. "Göring was notorious for looting art, and looting firearms would have satisfied his artistic and hunting lusts as well as provided booty for Luftwaffe fighters." Halbrook, Gun Control in Nazi-Occupied France: Tyranny and Resistance, p. 82.

On February 26, 1935, Adolf Hitler signed a decree formally establishing the Luftwaffe as a branch of the Wehrmacht. The Luftwaffe was publicly confirmed by the government on March 11, 1935. 

Photo: Göring with the walking stick of Manfred von Richthofen (The Red Baron). 
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#luftwaffechief #reichsjägermeister #frenchfirearms #luftwaffe #hermanngoring #hermangoering #hermanngöring #reichstag #reichstaghistory #wehrmacht #lootedguns #lootedart #guncontrolnazioccupiedfrance #DesarmamentoNaFrançaOcupadaPeosNazistas #germanoccupation #wwiihistory #naziguncontrol #nazioccupiedfrance #gunconfiscation #nazilaws #guncontrolinhistory #1935 #ManfredvonRichthofen #redbaron #theredbaron #flyingace #segundaguerramundial #controledearmas

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James Bowie, a founding father of Texas who died at the Alamo, was born on this date in 1796. The Bowie knife, named after him, "was generally used as the main eating implement, to cut limbs from trees, and to skin and butcher game. An early settler in Texas, Bowie led the Texas volunteers at the Battles of Concepcion, the Grass Fight, San Antonio, and the Alamo. In their final victory at San Jacinto, the Texans 'used rifles and rifle butts, pistols and finally their Bowie knives.'"

Quoted from my article “The Right to Bear Arms in Texas,” 41 Baylor Law Review, 629-88 (1989). stephenhalbrook.com/law_review_articles/right_to_bear_arms_in_texas.pdf

"A minority of states in the antebellum period restricted the concealed carrying of specified small weapons. With one exception, the courts upheld such laws. Some of those courts highlighted the strong constitutional protection accorded to arms useful for militia purposes to preserve liberty and prevent tyranny. With one exception invalidated as unconstitutional, no state banned the peaceable, open carry of firearms."
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"In Aymette v. State (1840), the Tennessee Supreme Court upheld a conviction for carrying a concealed Bowie knife, reasoning that the purpose of the right to keep and bear arms for the common defense is 'to protect the public liberty, to keep in awe those who are in power, and to maintain the supremacy of the laws and the constitution.' Thus, 'the arms the right to keep which is secured are such as are usually employed in civilized warfare, and that constitute the ordinary military equipment. If the citizens have these arms in their hands, they are prepared in the best possible manner to repel any encroachments upon their rights by those in authority.'" [Aymette v. State, 21 Tenn. 154, 158 (1840).]

From Halbrook, America's Rifle: The Case for the AR-15, pgs. 130, 131.
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#jamesbowie #jimbowie #thealamo #alamo #battleofthealamo #texasindependence #bowieknife #armedpatriot #righttokeepandbeararms #americanheros #americanhero #texashistory #sanantoniohistory #bowieknives #bornonthisday #bornonthisdate #1796 #AmericasRifleTheCaseForTheAR15 #2ahistory #concealedcarry #concealedknife #preserveliberty

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Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ) and I recently had an interesting discussion on how to legalize post-1986 machine guns in today's world.

Our interview is titled "BREAKING NEWS! EXPERT REVEALS HOW TO FINALLY LEGALIZE MACHINE GUNS!" (March 3, 2026) and is available on "The Four Boxes Diner" YouTube channel at: https://www.youtube.com/watch?v=H6kB29rW5l4&t=10s
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#guncontrolact #hughesamendment #18usc922 #machinegun #machineguns #legalizemachineguns #machinegunpossession #machinegunban #firearmsmanufacturer #firearmsindustry #gunindustry #gunowners #fopa #firearmsownersprotectionact #firearmslaw #scotus2a #2acases #2acase #atf #batf #batfe #bureauofalcoholtobaccofirearmsandexplosives #atfregulations #nfa #nationalfirearmsact #stephenhalbrook #thefourboxesdiner

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Today is the 190th anniversary of the fall of the Alamo. Jim Bowie with his famous knife, Davy Crockett with a long rifle, William Travis with sword and pistols, and 180 other armed patriots withstood two weeks of siege by Santa Anna's forces only to be overrun and killed on this date in 1836. Then on April 21st, while shouting "Remember the Alamo!", Sam Houston and the Texas army attacked Mexican dictator Santa Anna and his army and won the battle, in only 18 minutes. Texas had finally gained its independence from Mexico. 

Photo: Alamo display at the NRA Firearms Museum in Fairfax, Virginia. Quote to the side of the photo is from Davy Crockett's last diary entry, March 5, 1836.
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#thealamo #alamo #battleofthealamo #texasindependence #1836 #rememberthealamo #jimbowie #davycrockett #davidcrockett #williamtravis #santaanna #samhouston #alamomission #crockettslaststand #bowieknife #longrifle #kentuckylongrifle #swordpistol #armedpatriot #armedpatriots #americanpatriot #americanheros #americanhero #todayinhistory #texashistory #statehistory #NRAmuseum #NRAmuseums #nationalfirearmsmuseum #onthisdayinhistory

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During WWII, the Soviet military deployed 2,484 female snipers, who racked up an estimated combined kill total of 11,280. The Soviet military believed that women were excellent snipers because they were physically flexible and tended to be patient, cautious, and cunning. Kira Petrovskaya (pictured) was drafted into the Red Army in 1941 where she served for two years; first as a sniper and then later, after being wounded twice, as a field nurse. She fought on the Eastern Front during the desperate defense of Leningrad, later recounting her experiences in her memoir My Life as a Sniper. 
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#wwii #wwiisnipers #ww2 #ww2snipers #femalesniper #femalesnipers #sovietsniper #sovietunion #sovietunionww2 #rifle #sniperrifle #sniperrifles #KiraPetrovskaya #redarmy #redarmysniper #leningrad #battleofleningrad #womenofwwii #europeanhistory #wwIIhistory #ww2history #easternfrontww2 #snipers #womensnipers #womenincombat #strongwomen #womenandguns #womenandshooting

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On Tuesday, "the Supreme Court had oral argument in United States v. Hemani, which presented the question, 'Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits the possession of firearms by a person who "is an unlawful user of or addicted to any controlled substance," violates the Second Amendment as applied to respondent.'

"Several justices honed in on an important question: When Congress makes a categorical judgment about who can lawfully possess or carry firearms, how should courts review that judgment? Near the beginning of the opening argument by Hemani Counsel Erin Murphy, Chief Justice Roberts asked whether Hemani's position—that disarmament on account of his marijuana use violates the Second Amendment—embodied a 'fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch.' In other words, if Congress says marijuana users are dangerous, who is the judiciary to question that decision?

"Two thoughts on this issue. First, applying Bruen's historical analysis, we ask what is the historical tradition at issue?...
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"Second, if the Court does wade into the issue (it seems premature to do so in Hemani specifically), the answer to the Chief Justice's question is: "No, it would be a judicial abdication for a court not to review a legislature's finding of 'dangerousness' when fundamental rights are at stake."

The above excerpts are from my Second Amendment Roundup blog post, "Oral Argument in Hemani" (3/2/26). 

Read the post at reason.com/volokh or copy and paste: https://reason.com/volokh/2026/03/02/second-amendment-roundup-oral-argument-in-hemani/

Link can also be accessed through the home page of my website, stephenhalbrook.com 
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#USvHemani #SCOTUS #18usc922g #ControlledSubstancesAct #habitualdruguse #disarmament #batfe #nics #guncontrolact #2aviolation #historyandtradition #marijuanacase #controlledsubstancesact #nysrpavbruen #firearmspossession #firearmsban #possessarms #secondamendmentroundup #stephenhalbrook #2achallenge #2ndamendmentrights #2acase #2acases #2ndamendmentcases #2ndamendmentcaselaw #gunban #gunbans #therighttokeepandbeararms #firearmslaw

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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