Portrait
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

Articles


“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).

More Articles >>

Media Appearances


Radio Interviews:

In the Rabbit Hole Urban Survival Podcast, September 2018

Liberty Watch Radio, August 2018

"Out of Order" Podcast, August 2018



TV Appearances:


- Supreme Court May Finally Enforce Heller (10-24-18)
- More Than 675,000 Offenses Weren't Entered Into Virginia Criminal Records Due to Sloppy Fingerprinting (10-18-18)
- 10th Circuit Rules on NFA, 2nd Amendment and Taxes (10-17-18)
- Supreme Court on 2nd Amendment Issues (10-15-18)
- Justice Kavanaugh Sworn in (10-8-18)
- Constitutional Interpretation Moves Closer to "Text, History, and Tradition" (10-8-18)
- Fairfax Bans Loaded Guns in Cars (9-28-18)
- Kavanaugh Hearings - Key Details Missing (9-27-18)
- Kavanaugh Stands Strong (9-26-18)
- Big Banks and Gun Companies (9-14-18)
- Kauvanaugh Hearings (9-10-18)
- Justifiable Deadly Force? (9-4-18)
- Armed Teachers in VA? (8-31-18)
- Fed Funds - Guns for Teachers? (8-28-18)

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