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

“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).

“To Bear Arms for Self-Defense: A ‘Right of the People’ or a Privilege of the Few? Part 2” 21 Federalist Society Review (Mar. 31, 2020).

View More Scholarly Articles >>

Second Amendment Roundup at The Volokh Conspiracy

“8th Circuit Rules in Favor of Pistol Brace Owners,” The Volokh Conspiracy, August 25, 2024.

“8th Circuit Rules for 18 to 20-Year-Olds,” The Volokh Conspiracy, July 22, 2024.

Rahimi Preserves Bruen,” The Volokh Conspiracy, June 26, 2024.

“Bump Stocks Are Not Machineguns,” The Volokh Conspiracy, June 16, 2024.

“Just in Time for the Supreme Court to Consider in Rahimi,” The Volokh Conspiracy, May 20, 2024.

“ATF Redefines ‘Engaged in the Business’,” The Volokh Conspiracy, Apr. 19, 2024.

“Injunction Against Washington Magazine Ban Stayed Within Minutes,” The Volokh Conspiracy, Apr. 11, 2024.

“A Double Shot of Oral Arguments,” The Volokh Conspiracy, Apr. 3, 2024.

“Delaware’s ‘Assault Weapon’ Ban Argued in 3rd Circuit,” The Volokh Conspiracy, Mar. 14, 2024.

Cargill Bump Stock Argument in Supreme Court,” The Volokh Conspiracy, Feb. 29, 2024.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

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Presentations

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)

The Politically Incorrect Truth about America’s Rifle – America’s 1st Freedom (Feb. 4, 2023)

View More Presentations >>

Instagram Updates

There is safety in numbers and this couple is a good example of that.  They're both well-armed with their lever action rifles and holstered handguns.  He is wearing a hunting vest with cartridges in all the pockets.  Peeking out from under her jacket is a belt filled with cartridges.  Now that's good fashion.
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#leveractionrifle #leveraction #leveractionhuntingrifle #armedandready #huntingvest #huntingvests #vintagehunting #cartridgebelt #oldgunphoto #coololdphoto #1800sphoto #1800sphotos #oldwestphoto #oldwestphotos #vintagephotos #vintagecouplephoto #armedcouple #armedcouples #thecouplethatshootstogether #thecouplethatshootstogetherstaystogether

There is safety in numbers and this couple is a good example of that.  They`re both well-armed with their lever action rifles and holstered handguns.  He is wearing a hunting vest with cartridges in all the pockets.  Peeking out from under her jacket is a belt filled with cartridges.  Now that`s good fashion.
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#leveractionrifle #leveraction #leveractionhuntingrifle #armedandready #huntingvest #huntingvests #vintagehunting #cartridgebelt #oldgunphoto #coololdphoto #1800sphoto #1800sphotos #oldwestphoto #oldwestphotos #vintagephotos #vintagecouplephoto #armedcouple #armedcouples #thecouplethatshootstogether #thecouplethatshootstogetherstaystogether
...

"On April 19, 1769, a British impressment gang boarded the American brig Pitt Packet as she neared her home port of Marblehead, Massachusetts. In the course of attacking the seamen on board, a British officer fired his pistol at, but missed, Michael Corbet, the sailors' leader. Corbet harpooned the officer in the throat, killing him.

"Charged with murder, Corbet and three mates were defended by John Adams and James Otis, two of the colony's ablest lawyers. Adams argued that the attempted impressment was illegal and that the crew had a right to defend themselves from attack: 'Self Preservation is first Law of Nature .... This Right and Duty, are both confirmed by the municipal Laws of every civilised Society.'"

In the end, the court declared "the killing was justifiable homicide in self-defense." 

Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 22. 

Illustration: "British Sailors Boarding a Man of War" by John Augustus Atkinson (1815)
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#johnadams #johnadamsquote #johnadamsquotes #jamesotis #PittPacket #MichaelCorbet #RexvCorbet #2ahistory #foundingfathers #thefounderssecondamendment #2amendmentlife #righttobeararms #foundingfathersquote #americanfounders #colonialamerica #individualrights #greatmeninhistory #armedcitizen #keepandbeararms #selfdefense #selfdefence #selfpreservationisfirstlawofnature #firstlawofnature #firstlawofnatureisselfpreservation #rightandduty #justifiablehomicide #JohnAugustusAtkinson

"On April 19, 1769, a British impressment gang boarded the American brig Pitt Packet as she neared her home port of Marblehead, Massachusetts. In the course of attacking the seamen on board, a British officer fired his pistol at, but missed, Michael Corbet, the sailors` leader. Corbet harpooned the officer in the throat, killing him.

"Charged with murder, Corbet and three mates were defended by John Adams and James Otis, two of the colony`s ablest lawyers. Adams argued that the attempted impressment was illegal and that the crew had a right to defend themselves from attack: `Self Preservation is first Law of Nature .... This Right and Duty, are both confirmed by the municipal Laws of every civilised Society.`"

In the end, the court declared "the killing was justifiable homicide in self-defense."

Halbrook, The Founders` Second Amendment: Origins of the Right to Bear Arms, p. 22.

Illustration: "British Sailors Boarding a Man of War" by John Augustus Atkinson (1815)
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#johnadams #johnadamsquote #johnadamsquotes #jamesotis #PittPacket #MichaelCorbet #RexvCorbet #2ahistory #foundingfathers #thefounderssecondamendment #2amendmentlife #righttobeararms #foundingfathersquote #americanfounders #colonialamerica #individualrights #greatmeninhistory #armedcitizen #keepandbeararms #selfdefense #selfdefence #selfpreservationisfirstlawofnature #firstlawofnature #firstlawofnatureisselfpreservation #rightandduty #justifiablehomicide #JohnAugustusAtkinson
...

"An essential starting point for understanding Switzerland's politico-military stance during World War II is to see how it was analyzed by contemporary agents of the Third Reich. For this study, exhaustive searches were made in the German military archives for documents pertaining to Switzerland during the time of the Hitler regime. The military, diplomatic, and intelligence documents found reveal the intentions and attitudes of both the Germans and the Swiss during these years.

"German intelligence kept a close eye on Switzerland during the entire period of the Third Reich. The Nazi hierarchy saw Switzerland as a land in which the ideals of freedom and federalism posed a threat to their New Order. At various times, operations specialists from the German armed forces made detailed plans for blitzkrieg attacks against Switzerland. Administrators were likewise put to work preparing a new civil organization for the country once it had been overrun."

From Halbrook, The Swiss and The Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich, p. 11.
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#Germanmilitaryarchives #3reich #nazihistory #wwiihistory #ww2documents #armedswiss #swissresistance #Switzerlandhistory #swissarmywwii #swissarmy #theswissandthenazis #armedneutrality #swissarmedneutrality #armeddefense #swissarmedforces #swissmilitia #swissconfederation #confoederatiohelvetica #confederatiohelvetica #alpinerepublic #ww2switzerland #freedomandfederalism #swissfederalism

"An essential starting point for understanding Switzerland`s politico-military stance during World War II is to see how it was analyzed by contemporary agents of the Third Reich. For this study, exhaustive searches were made in the German military archives for documents pertaining to Switzerland during the time of the Hitler regime. The military, diplomatic, and intelligence documents found reveal the intentions and attitudes of both the Germans and the Swiss during these years.

"German intelligence kept a close eye on Switzerland during the entire period of the Third Reich. The Nazi hierarchy saw Switzerland as a land in which the ideals of freedom and federalism posed a threat to their New Order. At various times, operations specialists from the German armed forces made detailed plans for blitzkrieg attacks against Switzerland. Administrators were likewise put to work preparing a new civil organization for the country once it had been overrun."

From Halbrook, The Swiss and The Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich, p. 11.
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#Germanmilitaryarchives #3reich #nazihistory #wwiihistory #ww2documents #armedswiss #swissresistance #Switzerlandhistory #swissarmywwii #swissarmy #theswissandthenazis #armedneutrality #swissarmedneutrality #armeddefense #swissarmedforces #swissmilitia #swissconfederation #confoederatiohelvetica #confederatiohelvetica #alpinerepublic #ww2switzerland #freedomandfederalism #swissfederalism
...

“We cannot but pity the boy who has never fired a gun.” ― Henry David Thoreau, Walden. A good reminder to teach children how to safely shoot a gun.

This is a nice illustration but an example of how artists don't always get it right. They are waterfowl hunting, but the boy has a .22 instead of a shotgun.
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#HenryDavidThoreau #henrydavidthoreauquote #waldenquote #waldenquotes #trainingkidstoshoot #boysshootingguns #firearmstraining #vintagephotos #2alife #2amendmentlife #righttobeararms #learntoshoot #gunsafety #huntinglife #gunsinliterature #gunsinbooks #joysofhunting #duckhuntingislife

“We cannot but pity the boy who has never fired a gun.” ― Henry David Thoreau, Walden. A good reminder to teach children how to safely shoot a gun.

This is a nice illustration but an example of how artists don`t always get it right. They are waterfowl hunting, but the boy has a .22 instead of a shotgun.
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#HenryDavidThoreau #henrydavidthoreauquote #waldenquote #waldenquotes #trainingkidstoshoot #boysshootingguns #firearmstraining #vintagephotos #2alife #2amendmentlife #righttobeararms #learntoshoot #gunsafety #huntinglife #gunsinliterature #gunsinbooks #joysofhunting #duckhuntingislife
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"The Supreme Court has granted the Attorney General’s petition for a writ of certiorari in a case concerning agency authority to adopt regulations that expand the definitions found in the Gun Control Act of 1968, 18 U.S.C. § 921 et seq. ('the GCA'). In VanDerStok v. Garland, the Fifth Circuit decided that the regulations unlawfully expanded the reach of the GCA’s criminal provisions and exceeded the powers that Congress delegated to the Bureau of Alcohol, Tobacco, Firearms & Explosives ('the ATF'). The Supreme Court will review the Fifth Circuit’s decision during its 2024 Term."
....
"The definition at issue in VanDerStok lies at the very heart of the GCA: what is a firearm? Numerous crimes are predicated on whether something is a “firearm.” Under the auspices of the Department of Justice, the ATF enforces the GCA. In 2022, the ATF promulgated a Final Rule that expanded the list of items that are considered a “firearm.” The VanDerStok challenge presents two questions. First, may the statutory definition of 'firearm' be expanded by regulation to include 'a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted' to fire a projectile? Second, may the longstanding regulatory definition of a firearm’s 'frame or receiver' be expanded by a regulation to 'include a partially complete, disassembled, or nonfunctional frame or receiver' that may be readily converted into a frame or receiver?"

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

The article link is on my website homepage (stephenhalbrook.com), under "Scholarly Articles."
Or copy and paste the direct link: https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2024/08/Halbrook-Textualism-the-GCA-vf3.pdf

#VanDerStokvGarland #Textualism #guncontrolact #atf #batfe #SCOTUS #2acase #whatisafirearm #definitionoffirearm #firearmdefinition #firearmframe #firearmreceiver #frameorreceiver #atffinalrule #weaponspartskit #firearmslaw #bureauofalcoholtobaccofirearmsandexplosives #atfregulations #firearmownersprotectionact #federalfirearmsact #harvardjournaloflaw

"The Supreme Court has granted the Attorney General’s petition for a writ of certiorari in a case concerning agency authority to adopt regulations that expand the definitions found in the Gun Control Act of 1968, 18 U.S.C. § 921 et seq. (`the GCA`). In VanDerStok v. Garland, the Fifth Circuit decided that the regulations unlawfully expanded the reach of the GCA’s criminal provisions and exceeded the powers that Congress delegated to the Bureau of Alcohol, Tobacco, Firearms & Explosives (`the ATF`). The Supreme Court will review the Fifth Circuit’s decision during its 2024 Term."
....
"The definition at issue in VanDerStok lies at the very heart of the GCA: what is a firearm? Numerous crimes are predicated on whether something is a “firearm.” Under the auspices of the Department of Justice, the ATF enforces the GCA. In 2022, the ATF promulgated a Final Rule that expanded the list of items that are considered a “firearm.” The VanDerStok challenge presents two questions. First, may the statutory definition of `firearm` be expanded by regulation to include `a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted` to fire a projectile? Second, may the longstanding regulatory definition of a firearm’s `frame or receiver` be expanded by a regulation to `include a partially complete, disassembled, or nonfunctional frame or receiver` that may be readily converted into a frame or receiver?"

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

The article link is on my website homepage (stephenhalbrook.com), under "Scholarly Articles."
Or copy and paste the direct link: https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2024/08/Halbrook-Textualism-the-GCA-vf3.pdf

#VanDerStokvGarland #Textualism #guncontrolact #atf #batfe #SCOTUS #2acase #whatisafirearm #definitionoffirearm #firearmdefinition #firearmframe #firearmreceiver #frameorreceiver #atffinalrule #weaponspartskit #firearmslaw #bureauofalcoholtobaccofirearmsandexplosives #atfregulations #firearmownersprotectionact #federalfirearmsact #harvardjournaloflaw
...

"The Civilian Marksmanship Program was halted when war came in 1941 and was reinstated in 1946. However, the NRA continued to train civilians in rifle marksmanship before they became soldiers to be shipped overseas. When, in 1967, proponents of more firearm restrictions criticized both the CMP and NRA, they would be reminded of the words of presidents and generals who knew better. President Harry S. Truman wrote:

" 'During the war just ended, the contribution of the National Rifle Association in the matter of small-arms training aids, the nation-wide pre-induction training program, the recruiting of experienced small-arms instructors for all branches of the armed services and technical advice and assistance to Government civilian agencies aiding in the prosecution of the war—all contributed freely and without expense to the Government—have materially aided our war effort.' "

From Halbrook, America's Rifle: The Case for the AR-15, p. 197.
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#civilianmarksmanshipprogram #CMP #firearmstraining #civiliantraining #americanwareffort #2ahistory #righttobeararms #nationalrifleassociation #presidenttruman #harrystruman #gunownership #wwiihistory #ww2history #militaryarms #personalfirearms #armspossession #smallarms #smallarmstraining #firearmstraining #smallarmsinstructor #smallarms #smallarmsmarksmanship #marksmanship #firearmsregistration #shootingskills #citizensoldier #americasrifle #AmericasRifleTheCaseForTheAR15

"The Civilian Marksmanship Program was halted when war came in 1941 and was reinstated in 1946. However, the NRA continued to train civilians in rifle marksmanship before they became soldiers to be shipped overseas. When, in 1967, proponents of more firearm restrictions criticized both the CMP and NRA, they would be reminded of the words of presidents and generals who knew better. President Harry S. Truman wrote:

" `During the war just ended, the contribution of the National Rifle Association in the matter of small-arms training aids, the nation-wide pre-induction training program, the recruiting of experienced small-arms instructors for all branches of the armed services and technical advice and assistance to Government civilian agencies aiding in the prosecution of the war—all contributed freely and without expense to the Government—have materially aided our war effort.` "

From Halbrook, America`s Rifle: The Case for the AR-15, p. 197.
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#civilianmarksmanshipprogram #CMP #firearmstraining #civiliantraining #americanwareffort #2ahistory #righttobeararms #nationalrifleassociation #presidenttruman #harrystruman #gunownership #wwiihistory #ww2history #militaryarms #personalfirearms #armspossession #smallarms #smallarmstraining #firearmstraining #smallarmsinstructor #smallarms #smallarmsmarksmanship #marksmanship #firearmsregistration #shootingskills #citizensoldier #americasrifle #AmericasRifleTheCaseForTheAR15
...

English legal history "reflects a recurring political struggle between the commoner, who insisted that his rights be recognized from time immemorial, and the king, who sought to consolidate his power through royal decree supported by a Parliament under his control. Not surprisingly, the issue of whether the individual possessed any right to have and use arms for defense of person and property figured prominently in the conflict between commoner and king."

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p. 37.
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#englishkings #ancientengland #englishlaw #englishweapon #weaponlaw #weaponlaws #righttocarry #righttobeararms #firearmslaws #2ahistory #thateverymanbearmed #armedpopulace #armedcitizen #englishhistory #britishhistory #firearmslawhistory #ancientenglish #beararms #selfdefense #englishcommoner #kingsroyaldecree #commonlaw #monarchialabsolutism

English legal history "reflects a recurring political struggle between the commoner, who insisted that his rights be recognized from time immemorial, and the king, who sought to consolidate his power through royal decree supported by a Parliament under his control. Not surprisingly, the issue of whether the individual possessed any right to have and use arms for defense of person and property figured prominently in the conflict between commoner and king."

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p. 37.
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#englishkings #ancientengland #englishlaw #englishweapon #weaponlaw #weaponlaws #righttocarry #righttobeararms #firearmslaws #2ahistory #thateverymanbearmed #armedpopulace #armedcitizen #englishhistory #britishhistory #firearmslawhistory #ancientenglish #beararms #selfdefense #englishcommoner #kingsroyaldecree #commonlaw #monarchialabsolutism
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"Some advocates have attempted to invoke the experience of the so-called Wild West to cast doubt on the constitutional right to bear arms. This effort is misguided for a variety of reasons. The small smattering of laws to which they point were enacted almost a century after the Second Amendment was adopted. Given how far removed they are from the time of the Founding, they tell us precisely nothing about the public meaning of the Second Amendment when it was adopted. 

"In addition, these laws were outliers--'needles in a legal haystack'--in the words of one federal judge, even when they were adopted. They were not widespread. They were often enacted as tools of political oppression. Several were struck down as unconstitutional. And all were subsequently repealed.

"Territorial legislatures and local towns in the Old West had no state constitutional guarantees to constrain their enactments. Some passed laws prohibiting the carrying of pistols on the person in settlements and towns. Such bans would be precluded by constitutional protection accorded to the right to bear arms after the territories became states."

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pgs. 256. For more on "'Wild West'" Carry Bans" see this chapter.
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#wildwestcowboys #wildwestcowboy #americanwildwest #wildwesthistory #wildwestguns #oldwest #oldwesttown #oldwesttowns #guncontrol #therighttobeararms #righttobeararms #therighttobeararmshalbrook #constitutionalright #2ahistory #2acases #politicaloppression #pistolcarry #armedcarry

"Some advocates have attempted to invoke the experience of the so-called Wild West to cast doubt on the constitutional right to bear arms. This effort is misguided for a variety of reasons. The small smattering of laws to which they point were enacted almost a century after the Second Amendment was adopted. Given how far removed they are from the time of the Founding, they tell us precisely nothing about the public meaning of the Second Amendment when it was adopted.

"In addition, these laws were outliers--`needles in a legal haystack`--in the words of one federal judge, even when they were adopted. They were not widespread. They were often enacted as tools of political oppression. Several were struck down as unconstitutional. And all were subsequently repealed.

"Territorial legislatures and local towns in the Old West had no state constitutional guarantees to constrain their enactments. Some passed laws prohibiting the carrying of pistols on the person in settlements and towns. Such bans would be precluded by constitutional protection accorded to the right to bear arms after the territories became states."

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, pgs. 256. For more on "`Wild West`" Carry Bans" see this chapter.
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#wildwestcowboys #wildwestcowboy #americanwildwest #wildwesthistory #wildwestguns #oldwest #oldwesttown #oldwesttowns #guncontrol #therighttobeararms #righttobeararms #therighttobeararmshalbrook #constitutionalright #2ahistory #2acases #politicaloppression #pistolcarry #armedcarry
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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