Supreme Court"

Before the U.S. Supreme Court in Castillo v. U.S. (2000)

Supreme Court

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, in Shepard v. Madigan, 2014 WL 4825592, *7 (S.D. Ill. 2014).

Supreme Court Practice

Cases Argued

On Brief

Practice Areas

Civil and Criminal Cases Litigated

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

Congressional Testimony

Testimony on Judge Sotomayor nomination, Senate Judiciary Committee

Testimony on Eric Holder nomination, Senate Judiciary Committee

Independent Institute Research Fellow


“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).

“Going Armed at Common Law,” Aspen Institute (2016).

“The Empire Strikes Back: The District of Columbia’s Post-Heller Firearm Registration System,” 81 Tennessee Law Review 571 (2014).

“The Right to Bear Arms in the Virginia Constitution and the Second Amendment: Historical Development and Precedent in Virginia and the Fourth Circuit,” 8 Liberty University Law Review 619-47 (Summer 2014).

“The Swiss Confederation in the Eyes of America’s Founders,” 48 Swiss American Historical Review No. 3, 32-69 (Nov. 2012).

“‘Why Can’t We Be Like France?’ How the Right to Bear Arms Got Left Out of the Declaration of Rights and How Gun Registration Was Decreed Just in Time for the Nazi Occupation,” XXXIX Fordham Urban Law Journal, No. 5, 1637-94 (Oct. 2012).

“From Heller to Chicagoland: Will Reconstruction Come to the Windy City?” 3 Northeastern University Law Journal, No. 1, 105 (2011).

“The Constitutional Right to Hunt: New Recognition of an Old Liberty in Virginia,” 19 William & Mary Bill of Rights Journal, Issue 1, 197-233 (2010).

“Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen?” 50 Santa Clara Law Review 1073 (2010).

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Media Appearances

Senate Hearing, Feinstein Semiauto Ban & Fix NICS, Dec. 6, 2017
Introduction Testimony Q&A

Testimony regarding the Sportsmen’s Heritage & Recreational Enhancement (SHARE) Act, September 2017

Stossel (Fox Business Network), October 2014

The Steve Malzberg Show (Newsmax TV), October 2014

The Daily Ledger (One America News), January 2014