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

X
X
X
slide4

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

“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.

“Oral Argument in Hemani,” The Volokh Conspiracy, March 2, 2026.

Bruen’s Citations on Sensitive Places,” The Volokh Conspiracy, February 19, 2026.

“New Jersey’s ‘Sensitive Places’ Argued in 3rd Circuit En Banc,” The Volokh Conspiracy, February 12, 2026.

“Sensitive Places Require Government-Provided Armed Security,” The Volokh Conspiracy, February 9. 2026.

“5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment,” The Volokh Conspiracy, February 2, 2026.

“Four Points on the Wolford Argument,” The Volokh Conspiracy, January 25, 2026.

Wolford and the Government Security Principle for Sensitive Places,” The Volokh Conspiracy, January 20, 2026.

“Expert Historian Testimony Is Unnecessary in Second Amendment Litigation,” The Volokh Conspiracy, January 18, 2026.

“Hawaii’s Ban on Firearms on Property Open to the Public,” The Volokh Conspiracy, January 15, 2026.

“Important Wolford Brief Addresses Bruen Methodology,” The Volokh Conspiracy, January 14, 2026.

View More Op-Eds and Short Articles >>

Op-Eds & Short Articles

TV Appearances

X
slide3
slide5
slide6
slide7
slide8
slide10
slide11
slide12

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

Virginia's Governor Spanberger is on a mission to criminalize the exercise of the right to bear arms. The below excerpt from my book The Right to Bear Arms should be read with the caution that the right to carry a firearm openly in Virginia will soon be subject to unprecedented restrictions.

"From the time the Commonwealth of Virginia was first settled in 1607 through the early nineteenth century, a free person could peaceably carry a firearm openly or concealed. Restrictions on carrying a pistol, dirk, or like edged weapon hidden from common observation would not be enacted until 1838. Today, it remains lawful in Virginia to carry firearms openly, i.e., visible to the public, while a permit to carry a concealed handgun is required but is available to the citizenry at large." 

From Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class?, p. 113.
.
.
.
#vagunlaws #vagunowners #2ahistory #opencarry #therighttobeararmshalbrook

...

39 0
[ENGLISH BELOW] "O gabinete de Vichy reuniu-se em 31 de julho e impôs a pena de morte por posse de explosivos e estoques de armas...."
"Emitido pelo Marechal Pétain, Pierre Laval e pelo ministro da justiça Joseph Barthélemy, o decreto-lei alterou a lei de 18 de abril de 1939, anterior à guerra, para estabelecer que: 'Qualquer pessoa que esteja na posse de um esconderijo de armas ou munições da categoria 1, 4, 5 ou 6 será entregue ao tribunal especial criado pela lei de 24 de abril de 1941 e condenada à morte'. Essas categorias proibidas incluíam armas militares, armas de fogo para autodefesa e munições para as mesmas, armas de caça e munição, e armas brancas."

De Halbrook, Desarmamento Na França Ocupada Pelos Nazistas: Tirania E Resistência, págs. 173-174. 

O Marechal Pétain foi preso por traição neste dia, em 1945.

Foto: Pierre Laval e Marechal Petain, 1942.
-----
"The Vichy cabinet convened on July 31 [1942] and imposed the death sentence for possession of explosives and stocks of arms...."
"Issued by Marshal Philippe Pétain, Pierre Laval, and Justice Minister Joseph Barthélemy, the decree-law amended the prewar law of April 18, 1939, to provide in part: 'Anyone who shall be in possession of an arm or ammunition cache of category 1, 4, 5, or 6 shall be handed over to the special court created by the law of April 24, 1941, and sentenced to death.' These prohibited categories included military arms, firearms for self-defense and ammunition therefor, hunting arms and ammunition, and edged weapons." 

From Halbrook, Gun Control in Nazi-Occupied France: Tyranny and Resistance, p. 156.

Marshal Pétain was arrested for treason on this day in 1945.

Photo: Pierre Laval and Marshal Petain, 1942.
.
.
.
#philippepétain #PierreLaval #germanoccupation #vichyfrance #guncontrolnazioccupiedfrance #DesarmamentoNaFrançaOcupadaPelosNazistas

...

42 0
America's founders correctly believed that "armed people may by natural law engage in self-defense against all criminals, whether public or private."

From Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right, p. 194. 

Painting: "Shot in the Dark" by Tom Lovell (1943)
.
.
.
#ThatEveryManBeArmed #ShotInTheDark #TomLovell #armedselfdefense #commonlaw

...

15 1
The English "Declaration of Rights of 1689 listed among the ways that James II attempted to subvert 'the Laws and Liberties of this Kingdom.' In addition to raising a standing army in peacetime without Parliament’s consent, it included: 'By causing several good Subjects, being Protestants, to be disarmed, at the same Time when Papists were both armed and employed, contrary to law.' The act accordingly declared thirteen 'true, ancient and indubitable rights,' including the following: 'That the Subjects which are Protestants, may have Arms for their Defence suitable to their Condition, and as are allowed by Law.'

"What did the Declaration mean by 'Arms'? 'Armes (arma) In the understanding of Law, are extended to any thing that a Man wears for his defence, or takes into his hands, or useth in his wrath to cast at, or strike another.' That was the definition appearing in Thomas Blount’s Nomo-lexikon: A law-dictionary: interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern, laws, published in 1670 and in later editions.

"Common 'Arms' then, as now, included firearms, edged weapons, and blunt instruments. Most firearms had to be reloaded after each shot. Muskets, which were being transitioned from matchlocks to flintlocks, were typically .75 caliber. That was a powerful, deadly weapon that could create a three-quarters-of-an-inch wound. By comparison, today’s AR-15 rifle typically fires a .223 caliber bullet, which is less than a quarter of an inch in diameter. In other words, the seventeenth-century musket fired a bullet three times larger in diameter than the bullet usually fired by the AR-15." 

From Halbrook, America's Rifle: The Case for the AR-15, p. 77.

Illustration: from an instruction manual for the use of a matchlock rifle, Coloured engraving, Jacques de Gheyn, ca. 1597-1607 (Source: Rijksmuseum)
.
.
.
#AmericasRifleTheCaseForTheAR15 #firearmshistory #2ahistory #EnglishDeclarationofRights #defensiveweapons

...

17 0
"The hunting culture...was responsible in part for some [American militiamen] being in possession of arms and having the experience to use them effectively. Some also had experience in guerrilla warfare dating back to the French and Indian War. Describing the patriots' hit-and-run tactics, Lord Percy noted:

"'They have men amongst them who know very well what they are about, having been employed as Rangers against the Indians & Canadians, & this country being much covered with woods, and hilly, is very advantageous for their method of fighting.

"'Nor are several of their men void of a spirit of enthusiasm, as we experienced yesterday [April 19, 1775], for many of them concealed themselves in houses, & advanced within 10 yards to fire at me & other officers, tho' they were morally certain of being put to death themselves in an instant.'"

From Halbrook, The Founders' Second Amendment: Origins of the Right to Bear Arms, p. 79.

Painting by Don Troiani

#lexingtonandconcord #americanrevolution #thefounderssecondamendment #2ahistory #americas250th

...

16 0
German WWI Fighter Ace Manfred von Richthofen, better known as "The Red Baron," shot down 80 enemy aircraft in approximately 19 months (September 17, 1916 - April 20, 1918). He was commander of Jagdgeschwader 1, leading an elite squadron of German pilots known as the "Flying Circus." His skills were respected by his enemies and he was a national hero to the Germans. For his sidearm, he carried a Luger 9 mm pistol. He was a popular hero portrayed in songs, books, and movies. And, who can forget Snoopy (from Peanuts) pretending to be the Red Baron?

Richthofen was killed in action on this day in 1918. 

Photos - left: Manfred von Richthofen "The Red Baron" in Schweidnitz, 1918
right: Twin Spandau machine guns that pulled from the wreckage of Richthofen's Fokker Triplane (Apr. 22, 1918)
bottom: Richthofen's all-red Fokker Dr1 Dreidecker 
.
.
.
#ManfredvonRichthofen #theredbaron #wwihistory #1918 #lugerpistol

...

19 2
[ENGLISH BELOW] "...consoante com a proibição da posse de qualquer tipo de arma, os judeus foram então proibidos de caçar pássaros e cervos na temporada de caça que acabava de começar: “Todas as licenças de caça de judeus devem ser canceladas, por ordem do Marechal-de-Campo Hermann Göring na posição de Diretor Nacional da Caça”. As licenças de caça já haviam sido revogadas antes em 1937 — a nova medida tinha fins propagandísticos.

Embora a “ordem” já tivesse sido restaurada na Alemanha, o jornal suíço Neue Zürcher Zeitung noticiou que “a onda de perseguições de judeus espalhou-se para Gdansk [Danzig]. Houve ataques em lojas e buscas por armas de fogo”.

De Halbrook, Hitler e o Desarmamento, pág. 230.

Foto: Exemplo de licença de caça alemã, 1938.
---
"...consistent with the ban on possession of any kind of weapon by a Jew, it was again made illegal in what was now hunting season for a Jew to shoot a bird or a deer: 'All hunting licenses held by Jews were ordered cancelled by Field Marshal Hermann Goering acting as National Master of the Hunt.' Hunting licenses for Jews had already been recalled in 1937--the new measure was for propaganda purposes.

"Although 'order' was restored in Germany, the Swiss newspaper Neue Zürcher Zeitung reported that 'the wave of persecution of Jews has spread to Gdansk [Danzig]. There were attacks on shops and raids for weapons.' ...."

From Halbrook, Gun Control in the Third Reich, p. 180.

Photo: Example of German hunting license, 1938.
.
.
.
#hermanngoering #hermanngöring #nazigermany #guncontrolinthethirdreich #HitlereoDesarmamento

...

117 3
“Guns are completely inappropriate for the kind of sheep-like people the anointed envision or the orderly, prepackaged world in which they are to live. When you are in mortal danger, you are supposed to dial 911, so that the police can arrive on the scene some time later, identify your body, and file reports in triplicate.” ― Thomas Sowell, The Thomas Sowell Reader (2011)
.
.
.
#thomassowell #americaneconomist #thethomassowellreader #sheeple #armeddefense

...

78 0

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