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
“How a Fake Citation Misled Courts to Uphold ‘Sensitive Place’ Gun Bans,” 2 Journal of Law & Civil Governance at Texas A&M 433 (2026).
“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. 1 149 (2025) (Special Issue: The National Firearms Act).
“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).
Second Amendment Roundup at The Volokh Conspiracy
“Saving Lives at Silver Rail Elementary,” The Volokh Conspiracy, October 19, 2026.
“‘Sensitive Places’ Issue Coming to a Head?,” The Volokh Conspiracy, October 15, 2026.
“5th Circuit En Banc to Rehear Felon Gun Ban Cases,” The Volokh Conspiracy, September 17, 2026.
“ATF’s ‘Firearm’ and ‘Frame or Receiver’ Rules Invalid,” The Volokh Conspiracy, September 9, 2026.
“1st Volley of Briefs Filed in Viramontes,” The Volokh Conspiracy, September 7, 2026.
“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.
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
Aos meus amigos brasileiros: acompanhei atentamente a eleição no Brasil, inclusive a violação das regras, com a prorrogação da votação por duas horas após o encerramento do pleito. Não percam a esperança; o futuro vai melhorar. Ao longo da história, o pêndulo oscila entre a liberdade e a escravidão.
To my Brazilian friends: I followed the election in Brazil carefully, including the breaking of the rules by extending voting for two hours after the election ended. Do not give up hope, the future will get better. Throughout history, the pendulum swings back and forth between freedom and slavery.
"The musket and the rifle were America’s long guns of the Founding period. Today, America’s rifle is the semiautomatic AR-15. Someday, that too will change, but what is timeless is that the people have a right—a preexisting right—to keep and bear arms.
"The right to have arms makes possible the defense of oneself and others from criminal violence, whether committed by individuals or groups. It enables the citizenry to resist foreign aggression and domestic tyranny alike. Like its predecessor muskets, lever-action rifles, and older semiautomatic rifles, the AR-15 has served law-abiding citizens well as an arm for lawful defense, sport, and hunting for over a half-century.
From Halbrook, America`s Rifle: The Case for the AR-15, p. 336.
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#americasrifle #AmericasRifleTheCaseForTheAR15 #2ahistory #firearmshistory #shallnotbeinfringed
"From the perspective of what became the Second Amendment, the most important essay was The Federalist No. 46, written by [James] Madison" and published January 29, 1788. It clearly distinguished between the people and both the Federal and State governments. "As for the argument that the federal government would raise a standing army to oppress the people, Madison replied:
" `To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence....Besides the advantage to being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.` "
The very first of the Federalist Papers was published on this day in 1787. These Papers were a series of 85 essays which argued for the ratification of the proposed U.S. Constitution. They were authored by James Madison, Alexander Hamilton, and John Jay. The authors "contended that an armed populace and state resistance, not paper guarantees, would prevent federal usurpation based on military force."
From Halbrook, The Founders` Second Amendment: Origins of the Right to Bear Arms, pgs. 182-183.
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#thefederalistpapers #thefounderssecondamendment #2ahistory #onthisdateinhistory #armedpopulace
"Tombstone, Territory of Arizona, passed Ordinance No. 9 in 1880 making it `unlawful for any person to carry deadly weapons, concealed or otherwise (except the same be carried openly in sight, and in the hand) within the limits of the City of Tombstone.` It then amended the ordinance in 1881 to make it `unlawful to carry in the hand or upon the person or otherwise any deadly weapon within the limits of said city of Tombstone, without first obtaining a permit in writing.`
"Town marshal Virgil Earp allowed his brothers and friends to violate the law but he enforced it against his enemies. The trouble started when Wyatt Earp pistol-whipped Tom McLaury for not checking in his gun, and before long the Earp brothers and Doc Holliday shot dead three cowboys who refused orders to turn in their guns. Wyatt Earp and Doc Holliday were charged with murder, but the case was dismissed.
"The Tombstone homicides were not exactly an inspiring showcase for bans on carrying firearms. While folks evaded the ordinance by carrying concealed arms, Tombstone was not a violent town; there were only three homicides with firearms in town that year, and the decedents were the cowboys shot by the Earps and Holliday in the name of law enforcement. It could hardly be suggested that such carry bans did not violate the right to bear arms simply because judicial decisions about them are lacking. A poor cowboy riding into town who failed to check his firearm with the marshal in a timely manner, and whose pittance of wages was taken for the fine, would hardly even think of or be in a position to locate and to retain an attorney to appeal to the jurisdiction`s highest court. Civil rights attorneys were hardly in abundance, and high-minded public interest law firms were not to be found in these dusty cow towns.
"One commentator notes of Old West carry bans that `how well these laws were enforced and whether they were effective is difficult to say, and it is all but impossible to know precisely how prevalent they were.` Such laws were of dubious validity once the territories became states and thereafter adopted bills of rights."
From Halbrook, The Right to Bear Arms, pgs. 256-257.
If you`re in the Lexington, Virginia area, I will be speaking at the Washington and Lee University School of Law this coming Tuesday, October 27, 2026, at 1:00 p.m. My topic is “The Second Amendment in 1776 and 2026.”
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#wlulaw #stephenhalbrook #2ahistory #2ndamendmenthistory #secondamendmenttoday
"During 1787-88, John Adams published his Defense of the Constitutions of Government of the United States of America. He approved of Aristotle`s ideal `to place the use of and exercise of arms in the people, because the commonwealth is theirs who hold the arms. . . .` Adams recognized the individual right to use arms for personal protection, but looked askance at the kind of armed protest recently exemplified in Shays` Rebellion: `To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, counties, or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man -- it is a dissolution of the government.` "
From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 161 (hardback edition).
Painting: "Escape" by Andrew Knez Jr.
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#johnadams #foundingfather #Aristotle #ShaysRebellion #therighttobeararmshalbrook
I recently visited Omaha Beach in Normandy, France.
On June 6, 1944, thousands of American soldiers landed here as part of the Allied invasion of Nazi-occupied Europe. Many never made it off the beach.
Standing on that sand was a powerful reminder of their courage, sacrifice, and the price of freedom.
Photos: The Les Braves sculpture honors the courage of the Allied soldiers who landed here. The nearby Signal Monument commemorates the American servicemen who fought and died during the Normandy landings.
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#OmahaBeachNormandy #omahabeachmemorial #WorldWarIIhistory #LesBraves #SignalMonument
"On October 15, I published a post arguing that true `sensitive places` where guns are banned must have armed protection. The same day, a murderer broke into a `gun-free-zone` school in Oregon and began shooting children and teachers. A dad of two girls at the school just happened to be driving by and grabbed his pistol, rushed into the school, and `neutralized` the killer with several shots. He was a concealed pistol licensee."
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"Just last year, Governor Kotek signed S.B. 243, the Community Safety Firearms Act, which her press release said `will help prevent mass shooting events in Oregon.`..."
"As revised by S.B. 243, Oregon law makes it a felony to possess a firearm in a public building, but if the building is a school, it is an affirmative defense that the person has a concealed handgun license, in which case it is a misdemeanor. ORS 166.370(1), (3)(g). However, a district school board `may adopt a policy providing that the affirmative defense … concerning persons licensed to carry a concealed handgun … does not apply to the possession of firearms on the grounds of the schools controlled by the board.` ORS 166.377(1). A board that adopts the policy must `Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy….` Id.
"The only effect of this policy is to criminalize a concealed handgun licensee from possession of a handgun at a school....
"Only 25 of the 197 school districts in Oregon have adopted this policy....
"It also means that the brave community member who entered the school and ended the carnage would have violated the law, but for a `choice-of-evils` justification defense...."
The above excerpts are from my Second Amendment Roundup blog post, "Saving Lives at Silver Rail Elementary" (10/19/26).
Read the post at reason.com/volokh or copy and paste: https://reason.com/volokh/2026/10/19/second-amendment-roundup-saving-lives-at-silver-rail-elementary/
Link can also be accessed through the home page of my website, stephenhalbrook.com
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#concealedcarry #gunfreezone #oregongunlaws #silverrailelementary #secondamendmentroundup



















