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
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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
“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)
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
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Presentations
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)
Instagram Updates
"On October 4, 1938, just weeks before the Night of the Broken Glass (Reichskristallnacht), Berlin police arrested ...
Oct 4
"On October 4, 1938, just weeks before the Night of the Broken Glass (Reichskristallnacht), Berlin police arrested Alfred Flatow. His crime: being a Jew in lawful possession of firearms. The police knew he possessed firearms because he dutifully registered them in 1932 under the Weimar decree. In anticipation of the coming pogrom, the Nazi leadership launched a campaign to disarm Jews. Flatow was one of many who were arrested and turned over to the Gestapo. He would eventually be deported and die in a concentration camp."
Flatow was a gymnast who won the gold for Germany at the 1896 Olympics. Today, near the site of the 1936 Berlin Olympics, are streets named after Flatow and our own American Jesse Owens. I am standing by them in the first photo. The 2nd photo shows German gymnasts Flatow (bottom left), Carl Schuhmann, and Hermann Weingartner.
Quote from Halbrook, Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State", p. 145.
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#nightofthebrokenglass #1896olympics #olympicsberlin #berlinolympics #berlinolympics1936 #berlinhistory #nazihistory #gestapo #gunregistration #gymnast #wwiihistory #Weimargovernment #guncontrol #guncontrolinthethirdreich #guncontrolnazigermany #reichskristallnacht #kristallnacht #germanjews #disarm #disarmjews #olympics #olympicgames #jewishathletes #alfredflatow #naziconcentrationcamp #firearmspossession #jesseowens #olympicgold #onthisday #onthisdate
George Washington ate here. And so did Thomas Jefferson, John Adams, James Madison, James Monroe, and well . . . nearly ...
Oct 3
George Washington ate here. And so did Thomas Jefferson, John Adams, James Madison, James Monroe, and well . . . nearly all the founding fathers. My family and I also recently ate at Gadsby's Tavern (circa 1785) in Alexandria, Virginia. How amazing that this tavern, with such a rich history, is still in operation. The tavern is considered to be the public building that is most associated with America's struggle for independence and establishment of national sovereignty. Just imagine the founders dining here and discussing our important right to bear arms.
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#gadsbystavern #gadsbys #oldtownalexandria #alexandriavirginia #historicdining #foundingfathers #thefoundingfathers #americasfounders #colonialamerica #struggleofindependence #americanhistory #americanindependence #nationalsovereignty #rtba #rtkba #righttobeararms #georgewashington #thomasjefferson #johnadams #jamesmadison #jamesmonroe #1785 #18thcentury #tavern #colonialtavern #oldtavern #historicalexperience
Last Saturday my family and I had the pleasure of attending my longtime friend Allan Cor's annual Tank Farm Open House ...
Sep 30
Last Saturday my family and I had the pleasure of attending my longtime friend Allan Cor's annual Tank Farm Open House in Nokesville, Virginia. There were over 50 tanks and armoured vehicles on the grounds along with historical displays and living history reenactments. Allan first bought a Ford-produced WWII Jeep in 1982 and in only 4 years had so many tanks and other military vehicles that he'd filled a warehouse and a barn. As he became interested in the stories of the men and women that have served in the military, he gathered his collection along with stories and now runs the Americans in Wartime Experience.
Check out their website at: https://www.americansinwartime.org or follow them on Instagram:
@americans_in_wartime_museum
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#tankfarm #tankfarmopenhouse #americansinwartimemuseum #militaryhistory #militarytanks #militaryweapons #militaryvehicles #armouredvehicles #militaryhardware #livinghistory #willysjeep #polishtank #oldtanks #weaponsofwar #livinghistory #wwiijeep #wwiifirearms #tanks
"Freedom is indivisible. As soon as one starts to restrict it, one enters upon a decline on which it is difficult to ...
Sep 29
"Freedom is indivisible. As soon as one starts to restrict it, one enters upon a decline on which it is difficult to stop.” -- Ludwig von Mises, Human Action. Professor Mises was an Austrian-American economist, philosopher, and sociologist. He was born on this date in 1881.
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#LudwigvonMises #LudwigHeinrichEdlervonMises #vonmises #vonmisesquote #ludwigvonmisesquote #classicalliberalism #economist #socialphilosopher #economicfreedom #freedom #freedomquote #donttreadonme #libertarianquotes #economist #libertarianeconomist #socialisttotalitarianism #totalitarianism #greatquotes #austrianamerican #economictheory #libertarian #indivisiblefreedom #fightforfreedom #slipperyslope #importantquotes #freedomisindivisible #onthisday #onthisdate #bornonthisday #HumanAction
Tomorrow is National Hunting and Fishing Day. Established in 1972, President Nixon signed the first proclamation ...
Sep 23
Tomorrow is National Hunting and Fishing Day. Established in 1972, President Nixon signed the first proclamation of National Hunting and Fishing Day. He wrote: “I urge all citizens to join with outdoor sportsmen in the wise use of our natural resources and in insuring their proper management for the benefit of future generations.”
There are many family friendly celebrations being held all over the country to introduce people to these sports and celebrate conservation. It's another great reason to get outside and enjoy the many excellent benefits of hunting, shooting, and fishing.
Photo: Ernest Hemingway, American writer and sportsman
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#NationalHuntingAndFishingDay #NationalHuntingAndFishingDay2022 #huntingandfishing #huntingandfishingday #NationalShootingSportsFoundation #NSSF #PresidentNixon #huntfishshoot #hunt #hunting #shoot #shooting #fishing #getoutdoors #familyfishing #familysports #learntoshoot #learntohunt #learntofish #natureconservation #righttohunt #2a #righttobeararms #anglerlife #fishingtime #greatoutdoorslife #greatoutdoors #firearmstraining #getoutside #ernesthemingway
"In the Politics, Aristotle critically analyzes the elitist, authoritarian regime advocated by Plato. . . . According...
Sep 22
"In the Politics, Aristotle critically analyzes the elitist, authoritarian regime advocated by Plato. . . . According to Aristotle, 'there are many things which Socrates left undetermined; are farmers and craftsmen to have no share in government . . .? Are they or are they not to possess arms . . .?' In accord with his broad philosophical ideal of the golden mean, Aristotle expresses a keen awareness of the true basis of political equality: 'The whole constitutional set-up is intended to be neither democracy nor oligarchy but mid-way between the two--what is sometimes called "polity," the members of which are those who bear arms.' Aristotle proceeded to attack again the constitution of Plato's Laws because, despite its suffrage, it was oligarchical--and one of its salient features was a disarmed populace."
From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p.11.
Painting: "Aristoteles" (1811) by Francesco Hayez
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#aristotle #philosophers #aristotlepolitics #aristotlespolitics #plato #platoslaws #socrates #elitistregime #authoritarianregime #polity #2ahistory #2a #2ndamendment #rtkba #righttobeararms #armedpeople #armedpopulace #disarmedpopulace #possessarms #armed #armedcitizen #keepandbeararms #individualrights #thateverymanbearmed #oligarchy #democracy #tyranny #rtba #weaponspossession #politicalequality
James "Madison introduced his draft of what became the Bill of Rights to the House of Representatives on June 8, 1789. ...
Sep 21
James "Madison introduced his draft of what became the Bill of Rights to the House of Representatives on June 8, 1789. It included the provision: 'The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.'"
From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 167.
Painting: "Ani Get Your Gun" by Anne Kushnick (painter noted her model's name was "Ani").
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#jamesmadison #americanfounders #foundingfather #billofrights #2ahistory #gunowner #gunowners #armed #progun #historybuff #armedpopulace #therighttobeararms #jamesmadisonquotes #rtkba #rtba #bearingarms #AnneKushnick #therighttobeararmshalbrook #righttobeararms #rightofthepeople #armedpeople #keepandbeararms #2a #2ndamendment #righttokeepandbeararms #armedcitizens #2ndamendmentrights #regulatedmilitia #wellregulatedmilitia #wellarmed
John Zubly was a member of the Continental Congress from Georgia. He "noted that, 'in a strong sense of liberty, ...
Sep 20
John Zubly was a member of the Continental Congress from Georgia. He "noted that, 'in a strong sense of liberty, and the use of fire-arms almost from the cradle, the Americans have vastly the advantage over men of their rank almost every where else.' In fact, 'every child unborn will be impressed with the notion: It is slavery to be bound at the will of another in all cases whatsoever,' and children were 'shouldering the resemblance of a gun before they are well able to walk.' 'The Americans will fight like men, who have everything at stake,' and their motto was 'DEATH OR FREEDOM.'"
Zubly's quotations are from his pamphlet Great Britain's Right to Tax . . . By a Swiss, published in London and Philadelphia in 1775. For further quotes and discussion, see Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 102.
Painting by Don Troiani
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#JohnZubly #johnzublyquotes #GreatBritainsRighttoTax #continentalcongress #swissamerican #1775 #thefounderssecondamendment #2a #2ndamendment #rtkba #righttobeararms #foundingfathers #americanfounders #uspatriot #individualrights #historybuff #2ahistory #rtba #righttokeepandbeararms #2amendment #keepandbeararms #therightofthepeople #armedcitizen #spiritofresistance #liberty #publicliberty #fightlikemen #deathorfreedom #americanpatriots #americanrevolution
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