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
1968 Hearings on GCA Regulations



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
“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).
Second Amendment Roundup at The Volokh Conspiracy
“The Militia of the Sea,” The Volokh Conspiracy, August 12, 2026.
“$0 Tax Left NFA with No Constitutional Basis,” The Volokh Conspiracy, August 9, 2026.
“New Jersey Rifle and Magazine Bans Bite the Dust,” The Volokh Conspiracy, July 22, 2026.
“Seventh Circuit Decides Barnett,” The Volokh Conspiracy, July 16, 2026.
“Cert Granted on Semiautomatic Rifle Bans,” The Volokh Conspiracy, June 30, 2026.
“Supreme Court Decides Wolford,” The Volokh Conspiracy, June 25, 2026.
“Gun Ban for Pot Users Unconstitutional,” The Volokh Conspiracy, June 18, 2026.
“Arms and Accoutrements,” The Volokh Conspiracy, June 15, 2026.
“No Protection for Heroin Trafficker,” The Volokh Conspiracy, June 7, 2026.
“Virginia Bans ‘Assault Firearms’,” The Volokh Conspiracy, May 24, 2026.
“A Tale of Two Waiting Periods,” The Volokh Conspiracy, May 6, 2026.
“How a Fake Citation Misled Courts to Uphold ‘Sensitive Place’ Gun Bans,” The Volokh Conspiracy, May 5, 2026.
“U.S. Supports Rehearing in D.C. Magazine Ban Case,” The Volokh Conspiracy, April 8, 2026.
Op-Eds & Short Articles
“How Gun Confiscation Sparked the American Revolution,” America’s 1st Freedom, Jan. 1, 2026.
“America 250: The Tradition of the Armed Citizen Lives On,” American Rifleman 32 (Jan. 2026).
“Gun Control Had a Lot to Do with the Shot Heard ’Round the World,” America’s 1st Freedom, June 23, 2025.
“Can State Semi-Automatic Rifle Bans Last?” America’s 1st Freedom, December 19, 2024.
“The NRA Goes to the Highest Court in the Land to Protect Our Right to Speak,” America’s 1st Freedom, May 24, 2024.
“This Supreme Court Case Also Matters,” America’s 1st Freedom, Jan. 20, 2024.
“The Great Legal War Over Your Freedom,” America’s 1st Freedom, Dec. 23, 2023.
TV Appearances

SCOTUS Upholds Regulations on "Ghost Guns"
The Dana Show | 3-28-2025

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
Huge NFA Victory Breakdown with Stephen Halbrook – Four Boxes Diner (Aug. 18, 2026)
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)
Instagram Updates
"Dennis P. Chapman, a West Point graduate and retired army infantry officer who served in campaigns in Somalia and Iraq, conducted a study of military training manuals published from 1923 through 2012 and concluded that `there is not the slightest evidence` that pistol grips `were developed or deployed intending to facilitate the spraying of fire from the hip.` Such manuals devote almost exclusive focus on firing from the shoulder.
"Some earlier military manuals mentioned, as a minor technique, firing from an underarm position (not the hip), but this had nothing to do with the presence or absence of a perpendicular pistol grip. The Thompson submachine gun had a pistol grip, but firing from the hip was denigrated as `relatively ineffective.` The M1 Garand, the first U.S. semiautomatic service rifle, had no protruding pistol grip but could be used to fire `well-directed shots`—not to spray fire—from under the arm at short distances."
From Halbrook, America`s Rifle: The Case for the AR-15, p. 26.
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#AmericasRifleTheCaseForTheAR15 #gunhistory #tommyguns #wwiimarines #sprayfire
"Protection of life and liberty, whether from private criminals or governmental aggressors, required that individuals be armed. Well aware of that, the British stepped up their campaign to disarm Americans, individually and as communities. As Thomas Paine wrote:
"`...Were the back counties to give up their arms, they would fall an easy prey to the Indians, who are all armed: this perhaps is what some Tories would not be sorry for. Were the home counties to deliver up their arms, they would be exposed to the resentment of the back counties, who would then have it in their power to chastise their defection at pleasure. And were any one state to give up its arms, that state must be garrisoned by all Howe`s army of Britons and Hessians to preserve it from the anger of the rest.`"
From Halbrook, The Founders` Second Amendment: Origins of the Right to Bear Arms, p. 115-116.
Painting: "A Matching Of Instincts" by Dann Jacobus
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#thomaspaine #thomaspainequotes #americanrevolution #2ahistory #lifeandliberty #thefounderssecondamendment
Did you know that during World War II, some American military dogs were trained to carry up to 30 pounds of supplies over rough terrain? Dogs served in the U.S. military in a variety of roles during WWII, including as sentries, scouts, messengers, sled dogs, mine-detection dogs, and pack dogs. Some were trained to carry ammunition and other supplies where vehicles couldn`t easily go.
America`s WWII War Dog Program began in 1942, and thousands of dogs were trained for military service. The Army`s largest war-dog training center was at Fort Robinson, Nebraska, where as many as 2,000 dogs could be in training at one time.
One of the most famous was Chips, a German Shepherd–Collie–Husky mix donated by his family in New York. He served with the 3rd Infantry Division in North Africa, Sicily, Italy, France, and Germany and became one of the most celebrated American war dogs of WWII. One example of Chips` courage:
"On the morning of July 10, 1943, Pvt. John P. Rowell and his sentry dog, Chips, hit the beach during Operation Husky. When a hidden machine gun nest opened fire, pinning down the platoon, Chips tore free from Rowell and charged straight into the fortified position. He seized the gunner by the throat, silenced the weapon and forced four Italian soldiers to surrender." (from military.com)
Photo: "Chips and Rowell meeting Eisenhower near Salerno, shortly after Chips nipped the General’s hand." (U.S. Army Photo, military.com)
Today is National Dog Day, which recognizes the many roles dogs play in people`s lives.
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#nationaldogday #internationaldogday #wwiidogs #usmilitarydogs #wardogprogram
In 1824, "...the Supreme Court of North Carolina upheld indictments with language and under reasoning reflecting the legacy of the Statute of Northampton, as including both going armed and doing so in a concrete manner to terrorize specific people. In State v. Langford (1824), the indictment alleged that the defendants `with force and arms, at the house of one Sarah Roffle, an aged widow woman...did then and there wickedly, mischievously and maliciously, and to the terror and dismay of the said Sarah Roffle, fire several guns....` As the court stated, `men were armed with guns, which they fired at the house of an unprotected female, thus exciting her alarm for the safety of her person and her property. This is the corpus delicti....` The court recalled the words of Hawkins that `there may be an affray when there is no actual violence: as when a man arms himself with dangerous and unusual weapons, in such a manner as will naturally cause a terror to the people....`"
From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pgs. 215-16. "Hawkins" refers to English commentator William Hawkins and his book Pleas of the Crown (1716).
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#StatuteofNorthampton #affray #ncsupremecourt #pleasofthecrown #therighttobeararmshalbrook
Meriwether Lewis and William Clark led an incredible expedition from St. Louis to the Pacific Ocean. Known as the "Corps of Discovery," the expedition lasted from 1804-1806. The men carried a variety of firearms, including muskets, rifles, and pistols, along with blunderbusses. But the firearm that seemed to impress the Native American tribes that they encountered the most was Lewis`s Girandoni repeating air rifle. Developed in the late 1700s and used by the Austrian military, the Girandoni had a magazine holding 22 balls that could be fired rapidly.
"William Clark recorded an instance on January 24, 1806, in which members of the Clapsot tribe in the Pacific Northwest witnessed an expedition member shooting elk, `which has given them a very exolted opinion of us as marksmen and the Superior excellency of our rifles Compared with their guns; this may probably be of service to us, as it will deter them from any acts of hostility if they have ever meditated any such.` He further wrote that `our air gun also astonishes them very much, they Cannot Comprehend its Shooting So often and without powder, and think that it is great medison which Comprehends everything that is to them incomprehensible.`"
From Halbrook, America`s Rifle: The Case for the AR-15, pgs. 125-26.
Image: "York, 1804" by Michael Haynes (1999). York was Clark`s enslaved man. On the expedition, he was an active hunter and field member. Clark repeatedly recorded York hunting buffalo, deer, and other game with his own rifle.
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#lewisandclark #lewisandclarkexpedition #corpsofdiscovery #Girandoni #AmericasRifleTheCaseForTheAR15
Mark W. Smith of 4 Boxes Diner ( @thefourboxesdiner ) and I recently discussed the Silencer Shop and Jenson v. ATF decision by Judge James Hendrix. I believe that the decision represents a major constitutional blow to the NFA`s regulation of suppressors and short-barreled firearms by eliminating its tax-based foundation, and caution that the practical impact is still unfolding and depends on the scope of the injunction, state law, and what ATF/DOJ do next.
Our interview is titled "BREAKING NEWS! HUGE NFA VICTORY BREAKDOWN WITH STEPHEN HALBROOK" (August 18, 2026) and is available on "The Four Boxes Diner" YouTube channel at: https://www.youtube.com/watch?v=nXv_YIKDzMw
You can also access the link on the homepage of my website, in the "Presentations" section.
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#thefourboxesdiner #guncontrolact #nationalfirearmsact #2acases #stephenhalbrook
Line up boys! It`s time for an adventure. This photo`s caption is "Hunting with Granddad" (Iowa, 1959). Granddad has a Winchester model 12 shotgun. The boy on the left has a Daisy model 25 BB gun, the middle boy has a Winchester model 67 rifle, and the boy on the right has a pop gun.
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#huntingwithgrandpa #winchesterrifles #daisybbgun #teachthemtohunt #vintagegunphoto
Several days after Lexington and Concord, General Gage moved to disarm the inhabitants of Boston. He promised that all firearms that were surrendered would be under the care of the selectmen and eventually returned to their owners. "According to the historian Richard Frothingham, `the people delivered to the selectmen 1778 fire-arms [muskets], 634 pistols, 973 bayonets, and 38 blunderbusses.`..."
"There survives “A List of the Persons Names who lodge their Arms with the Selectmen pursuant to a Vote by them passed yesterday & also of the Number by each delivered.” It shows a total of 321 names, the types of arms each surrendered, and the total number of arms each surrendered. ...
"The most prominent name was Paul Revere, but he was the son of the famous patriot, who left Boston with the family. Paul Jr., who stayed in Boston to take care of the family’s properties, turned in three guns, a bayonet, and a pair of pistols. The merchant John Rowe...surrendered two guns. As noted above, apparently, one of the sons of John Cookson, who advertised repeating muskets in 1756, turned in a chest of barrels, locks, and other parts. While it would be interesting to know more about the others who surrendered their arms, the inventories exhibit a society well-armed for both military service and self-defense."
From Halbrook, America`s Rifle: The Case for the AR-15, pgs. 99-100.
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#disarmedcitizens #GeneralGage #americanrevolutionarywar #AmericasRifleTheCaseForTheAR15 #2ahistory



















