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

Civil and Criminal Cases Litigated >>

Books

Congressional Testimony

Scholarly Articles

Op-Eds & Short Articles

TV Appearances

Radio Interviews

Instagram Updates

Instagram post 2126188267627053458_8257969936 "Won’t it be fun to imprison an elderly widow who transfers her husband’s old shotgun to a neighbor without a background check? Or give a felony record to a young worker who has a rifle the bureaucracy classifies an 'assault weapon' because it has one of those deadly adjustable stocks?" This is an excerpt from my latest article: “Recalling the Tragic History of Gun Control,” The American Spectator, Sept. 4, 2019.  At:  https://spectator.org/recalling-the-tragic-history-of-gun-control/

Photo: The basis of the French Resistance were French people that held on to their firearms, despite the threat of execution. In this photo "Nicole," a French Partisan who captured 25 Nazis and killed others, is posing with the automatic rifle with which she was the most proficient. (1944)
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#guncontrolhistory #2a #2ndamendment #lawabidinggunowner #theamericanspectator #americanspectator #thefounderssecondamendment #guncontrolinthethirdreich #guncontrolinnazioccupiedfrance #kristallnacht #frenchresistance
#gunownership #gunrestrictions #wwii #nazi #francehistory #guncontrol #nazioccupiedfrance #righttobeararms #gunconfiscation #rtkba #gunrestriction #assaultweapons #assaultweaponsban #weimarrepublic #secrethitler #PierreLaval #dday #massmurder #1stamendment

"Won’t it be fun to imprison an elderly widow who transfers her husband’s old shotgun to a neighbor without a background check? Or give a felony record to a young worker who has a rifle the bureaucracy classifies an 'assault weapon' because it has one of those deadly adjustable stocks?" This is an excerpt from my latest article: “Recalling the Tragic History of Gun Control,” The American Spectator, Sept. 4, 2019.  At:  https://spectator.org/recalling-the-tragic-history-of-gun-control/

Photo: The basis of the French Resistance were French people that held on to their firearms, despite the threat of execution. In this photo "Nicole," a French Partisan who captured 25 Nazis and killed others, is posing with the automatic rifle with which she was the most proficient. (1944)
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#guncontrolhistory #2a #2ndamendment #lawabidinggunowner #theamericanspectator #americanspectator #thefounderssecondamendment #guncontrolinthethirdreich #guncontrolinnazioccupiedfrance #kristallnacht #frenchresistance
#gunownership #gunrestrictions #wwii #nazi #francehistory #guncontrol #nazioccupiedfrance #righttobeararms #gunconfiscation #rtkba #gunrestriction #assaultweapons #assaultweaponsban #weimarrepublic #secrethitler #PierreLaval #dday #massmurder #1stamendment
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Instagram post 2125478982727026807_8257969936 George Orwell predicted Operation Barbarossa in 1940 as follows: "Probably, in Hitler’s own mind, the Russo-German Pact represents no more than an alteration of time-table. The plan laid down in Mein Kampf was to smash Russia first, with the implied intention of smashing England afterwards. Now, as it has turned out, England has got to be dealt with first, because Russia was the more easily bribed of the two. But Russia’s turn will come when England is out of the picture—that, no doubt, is how Hitler sees it." To read more of George Orwell's 1940 review of Hitler's Mein Kampf, go to: https://bookmarks.reviews/george-orwells-1940-review-of-mein-kampf/
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#georgeorwell #georgeorwellquote #georgeorwellquotes #EricArthurBlair #bookreview #1940 #OperationBarbarossa #Wehrmacht #meinkampfreview 
#meinkampf #nazi #nazigermany #historybuff #historygeek #europeanhistory #wwIIhistory #ww2history #secrethitler #wwiihistory #ww2 #wwii #thirdreich #fuhrer #Führer #naziinvasion #sovietunionhistory #famousauthors #russianhistory #englishhistory #nationalsocialism

George Orwell predicted Operation Barbarossa in 1940 as follows: "Probably, in Hitler’s own mind, the Russo-German Pact represents no more than an alteration of time-table. The plan laid down in Mein Kampf was to smash Russia first, with the implied intention of smashing England afterwards. Now, as it has turned out, England has got to be dealt with first, because Russia was the more easily bribed of the two. But Russia’s turn will come when England is out of the picture—that, no doubt, is how Hitler sees it." To read more of George Orwell's 1940 review of Hitler's Mein Kampf, go to: https://bookmarks.reviews/george-orwells-1940-review-of-mein-kampf/
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#georgeorwell #georgeorwellquote #georgeorwellquotes #EricArthurBlair #bookreview #1940 #OperationBarbarossa #Wehrmacht #meinkampfreview 
#meinkampf #nazi #nazigermany #historybuff #historygeek #europeanhistory #wwIIhistory #ww2history #secrethitler #wwiihistory #ww2 #wwii #thirdreich #fuhrer #Führer #naziinvasion #sovietunionhistory #famousauthors #russianhistory #englishhistory #nationalsocialism
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Instagram post 2124026084419772745_8257969936 Even though World War I hero Alvin C. York had used Army service rifles and modern high-powered rifles, he still preferred to use his old muzzle-loading rifle for hunting or shooting matches.  He wrote "The long-barrel, muzzle-loading type of rifle made in the mountains of North Carolina, Tennessee, and Kentucky was the best and most accurate shooting gun in the world, and up to one hundred yards it still is.  At the two last turkey-shooting matches held in our valley, seven out of ten of the turkeys had their heads busted with the muzzle-loaders and only three with modern rifles." From Sergeant York and the Great War: His Own Life Story and War Diary, p. 19.

Sharpshooter York received the Medal of Honor for his attack on a German machine gun nest, for killing 25+ enemy soldiers, and for capturing 132.  His above referenced book has plenty of discussion about guns and chapters don't disappoint with titles like "Guns a Plenty" and "Turkey's Don't Live Long"

A movie about his life - "Sergeant York" starring Gary Cooper - was released in 1941.  York died on this date in 1964.
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#alvinyork #alvincyork #sgtyork #sergeantyork #machinegun #machineguns #machinegunnest #ww1history #rifle #rifles #turkeyshoot #sharpshooter  #muzzleloader #muzzleloaders #blackpowder 
#warhistory #militaryhistory #usarmy #worldwar1 #ww1 #thegreatwar #medalofhonor #GreatWar #FirstWorldWar #WorldWarI #garycooper #onthisday #onthisdate #ushistory #ww1heroes

Even though World War I hero Alvin C. York had used Army service rifles and modern high-powered rifles, he still preferred to use his old muzzle-loading rifle for hunting or shooting matches.  He wrote "The long-barrel, muzzle-loading type of rifle made in the mountains of North Carolina, Tennessee, and Kentucky was the best and most accurate shooting gun in the world, and up to one hundred yards it still is.  At the two last turkey-shooting matches held in our valley, seven out of ten of the turkeys had their heads busted with the muzzle-loaders and only three with modern rifles." From Sergeant York and the Great War: His Own Life Story and War Diary, p. 19.

Sharpshooter York received the Medal of Honor for his attack on a German machine gun nest, for killing 25+ enemy soldiers, and for capturing 132.  His above referenced book has plenty of discussion about guns and chapters don't disappoint with titles like "Guns a Plenty" and "Turkey's Don't Live Long"

A movie about his life - "Sergeant York" starring Gary Cooper - was released in 1941.  York died on this date in 1964.
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#alvinyork #alvincyork #sgtyork #sergeantyork #machinegun #machineguns #machinegunnest #ww1history #rifle #rifles #turkeyshoot #sharpshooter  #muzzleloader #muzzleloaders #blackpowder 
#warhistory #militaryhistory #usarmy #worldwar1 #ww1 #thegreatwar #medalofhonor #GreatWar #FirstWorldWar #WorldWarI #garycooper #onthisday #onthisdate #ushistory #ww1heroes
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Instagram post 2121847129105447937_8257969936 The rise in use and popularity of the crossbow and longbow in the 11th century greatly contributed to the fall of the medieval knight, as the arrows could pierce a knight's armor. (Earlier versions of the crossbow date back to the time of Ancient China.) Pope Innocent II called the 10th ecumenical council together in April 1139, known as the Second Council of the Lateran, and the gathered clerics passed "Canon 29" which prohibited the use of bows and slings (crossbows?) against Christians, but not heretics, non-believers, and heathens. The crossbow was heavily used in the Crusades.  In Europe, the prohibition was mostly ignored.

Note: There is a statement that annually makes the online rounds that "European leaders outlawed the crossbow on this date [August 30] in 1146." If you know of any supporting documentation of this claim, please feel free to leave it in the comments below.

Painting: "Battle of Crecy" (August 26, 1346) from Jean Froissart's Chronicles.
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#crossbow #longbow #medieval #medievalhistory #medievalworld #medievalknight #medievalknights #crossbowhistory #longbowhistory #crossbowban #weaponshistory #warrior #warriors #crusades #popeinnocentII #onthisday #bowsandarrows #crusadewar #weaponsban #medievalcrossbow #europeanhistory #ancientchina #crossbowman #arbalet #longbowman #crossbows #longbows #longbowarchery #archery #onthisdate

The rise in use and popularity of the crossbow and longbow in the 11th century greatly contributed to the fall of the medieval knight, as the arrows could pierce a knight's armor. (Earlier versions of the crossbow date back to the time of Ancient China.) Pope Innocent II called the 10th ecumenical council together in April 1139, known as the Second Council of the Lateran, and the gathered clerics passed "Canon 29" which prohibited the use of bows and slings (crossbows?) against Christians, but not heretics, non-believers, and heathens. The crossbow was heavily used in the Crusades.  In Europe, the prohibition was mostly ignored.

Note: There is a statement that annually makes the online rounds that "European leaders outlawed the crossbow on this date [August 30] in 1146." If you know of any supporting documentation of this claim, please feel free to leave it in the comments below.

Painting: "Battle of Crecy" (August 26, 1346) from Jean Froissart's Chronicles.
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#crossbow #longbow #medieval #medievalhistory #medievalworld #medievalknight #medievalknights #crossbowhistory #longbowhistory #crossbowban #weaponshistory #warrior #warriors #crusades #popeinnocentII #onthisday #bowsandarrows #crusadewar #weaponsban #medievalcrossbow #europeanhistory #ancientchina #crossbowman #arbalet #longbowman #crossbows #longbows #longbowarchery #archery #onthisdate
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Instagram post 2121123697204108405_8257969936 Yours truly running the Reykjavik half marathon on a cool Aug. 24, # 5165.  Iceland was settled by Vikings in 870.  On May 10, 1940, the date that Hitler attacked France through the Benelux countries, the Brits occupied Iceland.  The Americans took over in 1942.  Iceland was a major base for shipping supplies from the US, and many lives were lost from U-boat attacks. .
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#halfmarathon #halfmarathons #marathonrunner #Reykjavik #Reykjavikiceland #iceland #Reykjavikhalfmarathon #Reykjavikmarathon #halfmarathon2019 #vikinghistory #icelandww2 #icelandwwii #icelandhistory #ww2 #wwii #uboat #ww2history #wwiihistory 
#lawyersthatrun #seniorrunners #running #runnersofinstagram #runnerslife #runnershigh #runningcommunity #runforfun #racefun #finishtherace #runner

Yours truly running the Reykjavik half marathon on a cool Aug. 24, # 5165.  Iceland was settled by Vikings in 870.  On May 10, 1940, the date that Hitler attacked France through the Benelux countries, the Brits occupied Iceland.  The Americans took over in 1942.  Iceland was a major base for shipping supplies from the US, and many lives were lost from U-boat attacks. .
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#halfmarathon #halfmarathons #marathonrunner #Reykjavik #Reykjavikiceland #iceland #Reykjavikhalfmarathon #Reykjavikmarathon #halfmarathon2019 #vikinghistory #icelandww2 #icelandwwii #icelandhistory #ww2 #wwii #uboat #ww2history #wwiihistory 
#lawyersthatrun #seniorrunners #running #runnersofinstagram #runnerslife #runnershigh #runningcommunity #runforfun #racefun #finishtherace #runner
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Instagram post 2120393303672483737_8257969936 "Don't tread on me"... warns the coiled timber rattlesnake that is ready to strike.  This well known American flag was based on Benjamin Franklin's famous woodcut of a rattlesnake captioned "Join, or Die," which was the first American political cartoon published in a newspaper.  Christopher Gadsden, the designer of the yellow flag, was a soldier in the American Revolution and also a delegate to the Continental Congress from South Carolina.  Gadsden died on this date in 1805.  The poisonous rattlesnake was America's first national symbol and remains in use today, by the Department of the Army in their "War Office Seal." .
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#gadsdenflag #christophergadsden #donttreadonmeflag #donttreadonme #joinordie #benjaminfranklin #rattlesnake #timberrattlesnake 
#defendingliberty #defendingfreedom #lessgovernment #americanrevolution #onthisday #onthisdate #americansymbol #ushistory #foundingfathers #continentalcongress #americanflag #declarationofindependence #13colonies #13coloniesflag #thirteencolonies #flagsymbolism #colonialamerica #livefreeordie #politicalcartoon #1805 #1776 #nationalsymbol

"Don't tread on me"... warns the coiled timber rattlesnake that is ready to strike.  This well known American flag was based on Benjamin Franklin's famous woodcut of a rattlesnake captioned "Join, or Die," which was the first American political cartoon published in a newspaper.  Christopher Gadsden, the designer of the yellow flag, was a soldier in the American Revolution and also a delegate to the Continental Congress from South Carolina.  Gadsden died on this date in 1805.  The poisonous rattlesnake was America's first national symbol and remains in use today, by the Department of the Army in their "War Office Seal." .
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#gadsdenflag #christophergadsden #donttreadonmeflag #donttreadonme #joinordie #benjaminfranklin #rattlesnake #timberrattlesnake 
#defendingliberty #defendingfreedom #lessgovernment #americanrevolution #onthisday #onthisdate #americansymbol #ushistory #foundingfathers #continentalcongress #americanflag #declarationofindependence #13colonies #13coloniesflag #thirteencolonies #flagsymbolism #colonialamerica #livefreeordie #politicalcartoon #1805 #1776 #nationalsymbol
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Instagram post 2119676289978808541_8257969936 "Nowhere else in the Constitution does a 'right' attributed to 'the people' refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention 'the people,' the term unambiguously refers to all members of the political community, not an unspecified subset. . . . . The Second Amendment extends, prima facie, to all instruments that constitute bearable arms. . . . The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.'” - Justice Antonin Scalia, D.C. v. Heller., 554 U.S. 570 (2008)

Photo credit (and article) at: https://www.wideopenspaces.com/mossy-oak-pays-tribute-hunter-shooting-sports-advocate-justice-antonin-scalia/
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#justicescalia #antoninscalia #firearmlaws #supremecourt #ussupremecourt #2a #2ndamendment #rtkba #righttobeararms #gunrights #guncase #gunowner #gunowners #heller #hellercase #dcvheller #dcvsheller #dcgunban #constitutionallaw #2ndamendmentcases #2acases #constitutionalright #beararms #hellervsdc #famoushunters #therightofthepeople #individualrights #righttokeepandbeararms #rtba #turkeyhunting

"Nowhere else in the Constitution does a 'right' attributed to 'the people' refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention 'the people,' the term unambiguously refers to all members of the political community, not an unspecified subset. . . . . The Second Amendment extends, prima facie, to all instruments that constitute bearable arms. . . . The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.'” - Justice Antonin Scalia, D.C. v. Heller., 554 U.S. 570 (2008)

Photo credit (and article) at: https://www.wideopenspaces.com/mossy-oak-pays-tribute-hunter-shooting-sports-advocate-justice-antonin-scalia/
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#justicescalia #antoninscalia #firearmlaws #supremecourt #ussupremecourt #2a #2ndamendment #rtkba #righttobeararms #gunrights #guncase #gunowner #gunowners #heller #hellercase #dcvheller #dcvsheller #dcgunban #constitutionallaw #2ndamendmentcases #2acases #constitutionalright #beararms #hellervsdc #famoushunters #therightofthepeople #individualrights #righttokeepandbeararms #rtba #turkeyhunting
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Marathon Photos

Marine Corps Marathon
Washington, D.C.

Marine Corps Marathon
Washington, D.C.