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

“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).

View More Scholarly Articles >>

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.

“Bruen’s Footnote 9 Not a Carve-Out from Text and History,”The Volokh Conspiracy, September 29, 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.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

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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)

View More Presentations >>

Instagram Updates

This 1944 Western ammo advertisement, titled "Now... He Shoots For Freedom," connected civilian hunting skills to military readiness during World War II. The text of the ad shares the story of Bill:

"Life began at ten for Bill, strutting out with his first Winchester and a pocketful of Western Super-X long range .22's! Sure those two big hopping jackrabbits caught him "flat-footed", but it didn't matter! He'd do better next time—and he did.
Today, instead of shooting for fun, Bill is shooting for Freedom—and doing a great job of it. Out on the training ranges, and in the front lines getting the range of the enemy, millions of men like Bill are making good use of the military cartridges Western is producing for them.

They know how Western ammunition shoots and are looking forward to the days when they can hunt game in peaceful fields and woods at home, with Western Super-X and Xpert ammunition..."
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#WesternAmmo #learningtoshoot #vintageammo #winchester22 #wwiiamericansoldiers

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Massachusetts firearms laws sure have changed: "As far back as 1645, Massachusetts law had required 'that all inhabitants...are to have armes in their houses fit for service.' British member of Parliament William Gerard Hamilton, who opposed taxing the American colonies, warned in 1767 about the colonists:

" 'There are, in the different provinces, about a million of people, which we may suppose at least 200,000 men able to bear arms; and not only able to bear arms, but having arms in their possession, unrestrained by any iniquitous Game Act. In the Massachusetts government particularly, there is an express law, by which every man is obliged to have a musket, a pound of powder, and a pound of bullets by him....' "

From Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, pgs. 11-12.
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#massachusettsgunlaws #massachusettsfirearmslaws #colonialamerica #thefounderssecondamendment #2ahistory

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"At the same time that political economists were assessing the merits of an armed populace over a standing army, legal theorists questioned criminal laws that punished the mere bearing of arms without any aggressive intent. Referring to 'the natural right of self-defense,' Montesquieu in The Spirit of the Laws (1748) asked, 'Who does not see that self-defense is a duty superior to every precept?' Montesquieu attacked Plato's proscription of the use of arms by slaves: 'If a slave, says Plato, defends himself, and kills a freeman, he ought to be treated as a parricide. This is a civil law which punishes self-defense, though dictated by nature.' "

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p. 34.

Image: "No Sheriff to Call" by Todd Connor
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#montesquieu #bearingarms #armedselfdefense #naturalrights #thateverymanbearmed

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The Armco AK-47 Sporter: "This Chinese-made rifle has a scope, a five-round magazine, and a thumbhole stock, which made it an ideal hunting rifle. In 1989, ATF held that the thumbhole stock met its new 'sporting' test for imports. But in 1998, the Clinton Administration ordered ATF to flip the criteria again to ban this and other rifles that could accept a 'large capacity military magazine,' even if not equipped with one. While ATF continued to consider the thumbhole stock as sporting, California bans thumbhole stocks as an 'assault weapon' feature. As this illustrates, verboten features are contradictory, arbitrary, and may change overnight."

From Halbrook, America's Rifle: The Case for the AR-15, p. 320 (photo caption).
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#AK47sporter #chineserifles #thumbholestock #assaultweaponfeatures #AmericasRifleTheCaseForTheAR15

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Lon Chaney Jr. (1906–1973), best known for his legendary portrayal of the Wolf Man in the 1941 horror classic, was an avid hunter and fisherman in real life.

He owned a large ranch, which was his personal retreat from Hollywood, where he could hunt, fish, raise livestock, and enjoy the rugged outdoor life he loved.

Happy Halloween! 🎃
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#LonChaneyJr # #LonChaneyJrWolfMan #theWolfman #ranchlifestyle #actorsthathunt

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Obrigada @bene.barbosa.35 por publicar meu livro, Os Suiços e suas Armas, por meio de sua nova editora. [Thank you, @bene.barbosa.35, for publishing my book, *The Swiss and Their Weapons*, through your new publishing house.]

PRÉ-VENDA – ENVIOS A PARTIR DE 01/12/2026 [PRE-ORDER – SHIPPING STARTS 12/01/2026]

Acesse www.trincheiraeditorial.com.br/ ou @trincheiraeditorial e clique no link da bio. [Go to www.trincheiraeditorial.com.br/ OR @trincheiraeditorial and click the link in bio.]

Resumo do site:

Em junho de 1940, com a queda da França, a Suíça ficou completamente cercada pelo Eixo. Hitler tinha mapas de invasão prontos. A Wehrmacht era trinta vezes maior do que o exército suíço. Toda lógica militar dizia que o pequeno país alpino seria o próximo a cair.

Não caiu.

Em Os Suíços e suas Armas, o constitucionalista americano Stephen Halbrook — advogado pela Suprema Corte dos Estados Unidos e autor premiado de Target Switzerland — reconstrói com rigor inédito a engenharia da resistência suíça.

Combinando documentos da inteligência nazista, arquivos militares alemães e dezenas de testemunhos orais de suíços que viveram aqueles anos, o livro responde a uma pergunta incômoda: o que faz uma potência calcular que invadir um vizinho não vale a pena?

A resposta envolve três camadas: uma população universalmente armada e treinada, infraestrutura preparada para autodemolição e fortificações alpinas que tornariam a blitzkrieg impossível. Halbrook revela ainda o papel de oficiais judeus no alto comando suíço e a posição da Suíça como janela americana sobre o Reich. Mais de oitenta anos depois, este livro segue desconfortavelmente atual. Porque a pergunta sobre o que mantém um povo livre quando o cerco se fecha nunca envelhece.
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#OsSuiçosEsuasArmas #stephenhalbrook #SegundaGuerraMundial #HistóriaDaSuíça #histórianazista

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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.

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"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

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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