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

“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 (2025) (Special Issue: The National Firearms Act), 149-190.

“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).

View More Scholarly Articles >>

Second Amendment Roundup at The Volokh Conspiracy

“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.

“Arms and Accoutrements,” The Volokh Conspiracy, June 15, 2026.

“No Protection for Heroin Trafficker,” The Volokh Conspiracy, June 7, 2026.

“Virginia Bans ‘Assault Firearms’,” The Volokh Conspiracy, May 24, 2026.

“A Tale of Two Waiting Periods,” The Volokh Conspiracy, May 6, 2026.

“How a Fake Citation Misled Courts to Uphold ‘Sensitive Place’ Gun Bans,” The Volokh Conspiracy, May 5, 2026.

“U.S. Supports Rehearing in D.C. Magazine Ban Case,” The Volokh Conspiracy, April 8, 2026.

“The Citizenship Clause Implicates the Second Amendment,” The Volokh Conspiracy, March 29, 2026.

“Group Self-Defense Against Terrorism,” The Volokh Conspiracy, March 22, 2026.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

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Presentations

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)

View More Presentations >>

Instagram Updates

"This otherwise normal looking rifle has a 'fin grip' to comply with California's prohibition on a rifle with 'a grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index finger) can be placed beneath or below the top of the exposed portion of the trigger.' The fin forces the thumb into a 'hitchhiker' position instead of encircling what would otherwise be a pistol grip."

From Halbrook, America's Rifle: The Case for the AR-15, p. 29 (photo and caption).
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#fingrip #springfieldar15 #saintvictorar15 #californiagunlaws #AmericasRifleTheCaseForTheAR15

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Of all things, this 1940 wartime-era photo of two men holding M1903s is from a vintage knitting pattern booklet published in 1940, titled "Patons Knitting Book No. 396: Hand Knits for Men." 

During World War II, yarn companies and volunteer organizations often published patterns featuring men wearing knitted garments while posing with military equipment, such as the M1903 rifles shown here. The imagery promoted cable-knit sweaters and sweater vests as warm, practical clothing for service members, civil defense, and outdoor activities. 
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#patonsknittingbook #M1903 #M1903s #wwiiknitting #wwiiphoto

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"On July 9, the Seventh Circuit decided Barnett v. Raoul, upholding Illinois' ban on AR-15 rifles....
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"In its opinion by Judge St. Eve and joined by Judge Easterbrook, the Barnett court assumed that the banned rifles are 'arms' under Bruen step one, but found the ban to be consistent with 'the principles that underpin the American regulatory tradition' under step two. Ignoring the fact that the Supreme Court had already decided in Heller that the historical tradition of firearms regulation permitting an arms ban is whether the arm is 'dangerous and unusual,' the Seventh Circuit went on to do their own analysis as if Heller's binding precedent governing arms bans did not exist.
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"Despite Bruen's reiteration that the Second Amendment protects 'weapons "in common use" today for self-defense,' Barnett asserts that 'Bruen cuts against the conclusion that a weapon's "common use" leaves it immune from regulation.' (The court takes 'regulation' to mean banning.) ...
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"Chief Judge Brennan dissented in Barnett. Noting that the district court had produced 'the most comprehensive trial record in any Second Amendment case to date,' he states: 'Our Nation's enduring traditions forbid governments from prohibiting firearms commonly owned for self-defense. Because the people have overwhelmingly chosen the AR-15 rifle and its magazine as their weapon of choice, they are protected by the Second Amendment."

The above excerpts are from my Second Amendment Roundup blog post, "Seventh Circuit Decides Barnett" (7/16/26). 

Read the post at reason.com/volokh or copy and paste: https://reason.com/volokh/2026/07/16/second-amendment-roundup-seventh-circuit-decides-barnett/

Link can also be accessed through the home page of my website, stephenhalbrook.com
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#BarnettvRaoul #SCOTUS #2ndamendmentcases #secondamendmentroundup #ar15rifles

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I've just submitted the update for the 31st edition of my Firearms Law Deskbook to my publisher. I've updated this book every year since its first publication in 1995. 

The 2026–2027 edition should be available from Thomson Reuters later this fall. I wrote this two-volume set to provide attorneys with detailed coverage of federal, state, and local gun control laws, court decisions, agency regulations, and insider insights. It's a valuable reference for attorneys who practice in this complex and constantly evolving area of law. Learn more on my website: stephenhalbrook.com/books/firearms-law-deskbook/
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#firearmslawdeskbook #stephenhalbrook #firearmslaw #firearmsattorney #firearmscases

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After Theodore Roosevelt's death in 1919, family tradition held that his wife, Edith, used his FN Model 1899 pistol to teach their grandchildren marksmanship from the back porch of their home at Sagamore Hill. Roosevelt had carried the pistol for personal protection during his first term as president.

Photo from: https://www.nrablog.com/articles/2016/3/the-guns-of-theodore-roosevelt-and-friends/
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#FN1899 #FNpistol #FNpistols #theodoreroosevelt #teachingmarksmanship #SagamoreHill

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What a smile! And what a bag of ducks. Pat Peacock was one of history's greatest duck callers. A champion at just 12 years old, she remains the only woman to win the World's Championship Duck Calling Contest twice (1955 and 1956) and the Champion of Champions title (1960).

Photo caption: "Pat Peacock, legendary duck caller and a pioneer amongst women in the sport of duck hunting. (Photo courtesy of Mossy Oak, recolored by @fourszn_outdoors)"
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#patpeacock #duckhunting #duckcalling #waterfowlhunting #worldduckcallingchampionship

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"The impetus for recognition of the Second Amendment right to bear arms goes far further back than King George III's attempt to disarm the American colonists, which helped to spark the American Revolution. While it is a universal law of history that tyrants attempt to disarm their subjects, the Americans were cognizant of the disarming measures taken by kings in seventeenth century England. Those measures took various forms, from laws imposing property qualifications to possess firearms to searches for and confiscation of firearms.

"In the famous prosecution of Sir John Knight, the Catholic King James II sought to prosecute a Protestant political enemy for carrying arms under the all-but-forgotten medieval Statue of Northampton. It backfired when the court ruled that the law applied only to persons going armed in a manner to terrify others.

"In the controversy over the Second Amendment today, it is argued by some that the Statute of Northampton criminalized even the peaceable carrying of arms, that the early Statute somehow overrides the later constitutional right to bear arms, and thus that the government may prohibit the people from bearing arms outside the home and in public. Some even argue that Sir John Knight was not really acquitted because he carried arms without evil intent, but (so the theory goes) because he acted as a government agent. 

"It seems farfetched to claim that an obscure medieval English statute negates an American constitutional right...."

Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 23 (hardback edition). Chapter 1 of this book tells the "story of the Statute, the Knight case, and how the English common law forbade the carrying of arms only if one did so intending to terrorize his fellow subjects."

Image: the Coat of Arms of England used by English Kings prior to 1340.
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#guncontrol #2ahistory #kinggeorgeIII #StatuteofNorthampton #therighttobeararmshalbrook

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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