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
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
Upcoming CLE Seminars
“20 Cases Every Lawyer and Gun Owner Should Know,” in Firearms Law: What Every Texas Lawyer Needs to Know, offered by Texas Bar CLE | Webcast September 24-25, 2020 • Webcast replay November 5-6, 2020
“Firearms in Virginia,” offered by Virginia CLE | Tuesday, October 13, 2020
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
“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).
“A Swiss Schuetzenfest: The World’s Largest Rifle Match,” Shooting Sports USA (Oct. 9, 2019).
“Taking Heller Seriously: Where Has the Roberts Court Been, and Where Is it Headed, on the Second Amendment?” 13 Charleston Law Review 175 (2018).
“Firearm Sound Moderators: Issues of Criminalization & the 2nd Amendment,” 46:1 Cumberland Law Review 33 (2016).
“Reality Check: The ‘Assault Weapon’ Fantasy & Second Amendment Jurisprudence,” 14 Georgetown Journal of Law & Public Policy 47 (2016).
“N.Y.’s Not So ‘SAFE’ Act,” 78 Albany L. Rev. 789 (2015).
Op-Eds & Short Articles
“How Does New York City Get Away with This?” America’s 1st Freedom, July 26, 2020.
“Will the Second Amendment Survive Coronavirus?” National Review, Mar. 30, 2020, and Independent Institute, Mar. 31, 2020.
“What Makes a Gun a Gun?” America’s 1st Freedom, Mar. 23, 2020.
“We Must Remember Our History of Freedom,” America’s 1st Freedom, Mar. 8, 2020.
“Second Amendment Sanctuaries Started in 1774,” American Thinker, Dec. 22, 2019.
“Recalling the Tragic History of Gun Control,” The American Spectator, Sept. 4, 2019.
“Gun Control: The Kristallnacht Version Of ‘Common-Sense Safety’,” Investor’s Business Daily, Nov. 15, 2018.
“Some of the world’s most powerful banks push policies circumventing Constitution and federal laws,” Los Angles Times, Sept. 13, 2018.
“The Second Amendment had nothing to do with slavery,” Fox News, June 22, 2018.
“Time for a History Lesson About Gun Control,” TownHall, June 22, 2018.
TV Appearances
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
Radio Interviews
The Right to Bear Arms – The Federalist Society’s Practice Group Podcast (April 2020)
“The U.S. Supreme Court Ruling on Sandy Hook Families’ Lawsuit against Remington Arms” – Lawyer 2 Lawyer Podcast (November 2019)
“Supreme Court Moves Forward on Huge Second Amendment Case” – Bearing Arms’ Cam & Co Podcast (October 2019)
Die Waffe als Teil der Identität, Deutschlandfunk (May 2019)
Common Sensei, Laura Rosen Cohen – Podcast on Gun Control in 3rd Reich (May 2019)
Podcast on the Second Amendment from the Duncan School of Law (February 2019)
In the Rabbit Hole Urban Survival Podcast (September 2018)
Liberty Watch Radio (August 2018)
“Out of Order Podcast” (August 2018)
Instagram Updates
This Thursday and Friday (Sept. 24-25, 2020), the Texas Bar CLE is holding a webcast entitled "Firearms Law: What Every ...
Sep 22
This Thursday and Friday (Sept. 24-25, 2020), the Texas Bar CLE is holding a webcast entitled "Firearms Law: What Every Texas Lawyer Needs to Know." There will be a webcast replay Nov. 5-6, 2020. I will be speaking Friday morning and the title of my lecture is "20 Cases Every Lawyer and Gun Owner Should Know" (federal and Texas precedents). Lawyers can earn an MCLE credit of 12 hrs. (2.25 ethics) for this course.
Register at : http://www.texasbarcle.com/materials/Programs/4041/Brochure.pdf and watch from your computer or mobile device.
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#txcle #texascle #mcle #txfirearms #texasfirearms #firearmsintexas #constitutionallaw #2ahistory #firearmslaws #2a #2ndamendment #rtkba #righttobeararms #stephenhalbrook #continuinglegaleducation #gunlaws #secondamendment #2ndamendmentcases #2acases #constitutionalright #lawcourse #legalethics #txlaws #texasgunlaws #federalfirearmslaws #gunowners #righttokeepandbeararms #firearmslegaleducation #firearmslaw #educategunowners
The U.S. Constitution was signed on this date in 1787 during the Philadelphia Convention. Two days before it ...
Sep 17
The U.S. Constitution was signed on this date in 1787 during the Philadelphia Convention. Two days before it was signed, Noah Webster was asked to write in support of the proposed Constitution. In response, "he explained why the armed populace would remain sovereign under a constitution with an army but no bill of rights:
'Before a standing army can rule people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.' "
From Webster's "An Examination of the Leading Principles of the Federal Constitution" quoted in The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 177.
Painting: "Signing of the Constitution" by Louis S. Glanzman (1987); Location: Independence Hall, Philadelphia, PA
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#philadelphiaconvention #constitutionalconvention #1787 #keepandbeararms #revolutionarywar #2ahistory #ushistory #americanhistory #militia #billofrights #gunrights #constitutionalrights #thefounderssecondamendment #2a #2ndamendment #rtkba #righttobeararms #foundingfathersquote #americanfounders #colonialamerica #uspatriot #individualrights #revolutionaryhistory #usconstitution #onthisday #onthisdate #standingarmy #noahwebster #military #louisglanzman
On this day in 1935, "the Nazi Party's National Day, the Reichstag unaniously adopted the Nürnberg Laws. They ...
Sep 15
On this day in 1935, "the Nazi Party's National Day, the Reichstag unaniously adopted the Nürnberg Laws. They included the Reich Citizenship Law, which Hitler and Interior Minister Frick signed and which provided that '[a] citizen of the Reich is only that subject who is of German or kindred blood, and who, through his conduct, shows that he is both desirous and fit to serve faithfully the German people and Reich.' . . . While Jews retained German nationality (Staatsangehörigkeit), they were no longer citizens with civil rights (Reichsbürger), a concept that had no prior legal meaning.
"The Nürnberg Laws also included the Law for the Protection of German Blood and Honor, which declared that 'the purity of German blood is essential for the further existence of the German people' and forbade 'marriages between Jews and nationals of German or kindred blood,' punishable with hard labor. Hitler, Frick, Führer Deputy Rudolf Hess, and Justice Minister Gürtner signed this law."
From Gun Control in the Third Reich: Disarming the Jews and "Enemies of the State", p. 106. Quote (photo #1) said by a Christian landlady regarding Hitler (recorded by Victor Klemperer).
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#onthisday #onthisdate #nuremberglaws #NürnbergLaws #ReichCitizenshipLaw #1935 #1935nuremberglaws #1935NürnbergLaw #wilhelmfrick #RudolfHess #secrethitler #franzgurtner #nazilaws #germanylaws #europeanhistory #nazihistory #thirdreich #thirdreichhistory #WWIIhistory #nazigermany #nazi #ww2history #guncontrolinthethirdreich #learnfromhistory #germancitizen #nazicitizen #naziswine #antisemitic #racistlaws
"If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.” - Thomas ...
Sep 14
"If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.” - Thomas Sowell
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#thomassowell #sowell #thomassowellquotes #americaneconomist #economist #socialtheorist
#2a #2ndamendment #2amendmentrights #2amendmentsupporter #2amendmentmatters #2ndamendmentrights #2ndamendmentright #2ndamendmentsupporter #freedom #righttokeepandbeararms #rtkba #rtba #gunrightsmatter #selfdefense #selfprotection #gunlaws #defendyourself #unarmed #liberty #defendcivilization #barbarism #protectyourself #donttreadonme #rightofthepeople
PARA MEUS SEGUIDORES QUE FALAM PORTUGUÊS: Estou realmente grato por muitos de vocês terem lido e compartilhado meu livro ...
Sep 11
PARA MEUS SEGUIDORES QUE FALAM PORTUGUÊS: Estou realmente grato por muitos de vocês terem lido e compartilhado meu livro HITLER E O DESARMAMENTO. Quero saber se meu livro, CONTROLE DE ARMAS NA FRANÇA OCUPADA PELOS NAZISTAS: TIRANIA E RESISTÊNCIA, fosse publicado em Português, vocês o leriam? Gostaria muito que sua resposta fosse "sim" ou "não" nos comentários abaixo.
Meus agradecimentos ao @dominickrock , da @nepotistas , por traduzir este post em Português para mim.
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FOR MY PORTUGUESE SPEAKING FOLLOWERS: I really appreciate that so many of you have read and shared about my book Hitler e o Desarmamento.
I am interested to know, if my book Gun Control in Nazi-Occupied France: Tyranny and Resistance were to be published in Portuguese, would you read it? I'd appreciate it if you would answer "yes" or "no" in the comments below.
Many thanks to @dominickrock of @nepotistas for translating this post into Portuguese for me.
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#ww2resistance #ww2 #worldwar2 #nazi #nazigermany #wwii #wwiihistory #nazioccupiedfrance #ww2history #franceguncontrol #gunconfiscation #frenchguncontrol #naziguncontrol #francehistory #nazioccupiedfrance #righttobeararms #gunregistration #guncontrolinnazioccupiedfrance #nazilaws #disarm #francehistory #stephenhalbrook #guncontrol #guncontrolresearch #firearmsregistration #frenchgunowners #portuguesetranslation #frenchresistance #frenchpartisans #bookpoll #nazi
"Self-defense is a part of the law of nature; nor can it be denied the community, even against the king himself." -...
Sep 10
"Self-defense is a part of the law of nature; nor can it be denied the community, even against the king himself." - William Barclay, Scottish jurist (1548-1608) Quoted in That Every Man Be Armed: The Evolution of a Constitutional Right, p. 29.
Illustration: "Woman with a revolver, a lesson in the art of self defence, Ireland, illustration from the magazine The Graphic, volume XXIII, n 584, February 5, 1881."
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#williambarclay #williambarclayquotes #scottishjurist #promonarchist #selfdefenseisalawofnature #freedom #naturalrights #lawofnature #thateverymanbearmed #selfdefense #tyranny #downwithtyrants #rtba #rtkba #rkba #righttobeararms #beararms #2ahistory #armedpopulace #disarmedpopulace #armedcitizen #firearmslawhistory #humanright #arbitrarygovernmentpower #governmentpower #resisttyranny #constitutionalright #defendyourself #selfdefensequote #selfdefensequotes
"Liberty and Independence forever." - Davy Crockett (from his last diary entry, March 5, 1836).
Photo:...
Sep 9
"Liberty and Independence forever." - Davy Crockett (from his last diary entry, March 5, 1836).
Photo: March 1956: Children "dressed up as the American frontiersman, hunter and soldier Davy Crockett. (Photo by Harry Kerr/BIPs/Getty Images)"
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#thealamo #alamo #battleofthealamo #texasindependence #1836 #rememberthealamo #davycrockett #alamomission #freedom #independence #donttreadonme #patriot #rtkba #americanheros #americanhero #texashistory #amerianhistory #ushistory #davycrockettquote #davycrockettquotes #americanfolkhero #folkheros #frontiersman #kingofthewildfrontier #hunter #vintagephoto #1950sphoto #libertyandindependence #davycrockettdiary #givemeliberty
"Ballot Initiatives: The Good, The Bad, and the Ugly” is the title of my latest article ...
Sep 8
"Ballot Initiatives: The Good, The Bad, and the Ugly” is the title of my latest article in America’s 1st Freedom (August 2020). This article is in response to a number of nasty ballot initiatives, from around the country, masquerading as good common-sense reforms. Here is an excerpt from my article, regarding lessons to be learned from this initiative season:
"First, petitions that seek to infringe on Second Amendment rights frequently have topic titles and summaries that are confusing and deceptive. They use propaganda terms, take advantage of tragedies that the proposals would not have stopped, minimize the dramatic harm of the proposals on law-abiding citizens, and fail to disclose key features of the actual text of the initiative."
To read the entire article go to: https://www.americas1stfreedom.org/articles/2020/8/31/ballot-initiatives-the-good-the-bad-and-the-ugly/
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#2ndamendment #2a #rtkba #rtba #stephenhalbrook #nramagazine #americas1stfreedom #firearmslaw #guncontrol #gunlaws #righttocarry #righttobeararms #gunrestrictions #gunowners #constitutionalright #2ndamendmentrights #2arights #2arightsmatter #ballotinitiatives #antigunpropaganda #assaultweaponban #assaultweaponsban #riflemagazines #detachablemagazine #commonsensegunreform #assaultweapons #semiautorifle #lawabidinggunowners #gunbackgroundchecks #concealedcarry
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