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

“Will the Second Amendment Survive Coronavirus?” National Review, Mar. 30, 2020, and Independent Institute, Mar. 31, 2020.

“What Makes a Gun a Gun?” America’s 1st Freedom, Mar. 23, 2020.

“We Must Remember Our History of Freedom,” America’s 1st Freedom, Mar. 8, 2020.

“Second Amendment Sanctuaries Started in 1774,” American Thinker, Dec. 22, 2019.

“Recalling the Tragic History of Gun Control,” The American Spectator, Sept. 4, 2019.

“Gun Control: The Kristallnacht Version Of ‘Common-Sense Safety,” Investor’s Business Daily, Nov. 15, 2018.

Some of the world’s most powerful banks push policies circumventing Constitution and federal laws, Los Angles Times, Sept. 13, 2018.

The Second Amendment had nothing to do with slavery, Fox News, June 22, 2018.

Time for a History Lesson About Gun Control, TownHall, June 22, 2018.

Justice Stevens’s Second Amendment Pipe Dream, National Review Online, April 18, 2018.

View More Op-Eds and Short Articles >>

TV Appearances

Radio Interviews

Instagram Updates

The Freedmen’s Bureau Act declared that the righ The Freedmen’s Bureau Act declared that the rights to “personal liberty” and “personal security,” “including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens . . . without respect to race or color or previous condition of slavery.”  § 14, 14 Stat. 173, 176-77 (1866). And the “arms” of that epoch included repeating rifles with magazines holding as many as thirty rounds.

Note this excerpt is from a brief on my website: Worman v. Maura Healey (listed on left side of home page)
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#2ahistory #2ndamendmentmeaning #gunmagazine #selfdefense #guncontrol 
#firearmsban #firearm #firearms #nationalafricanamericangunassociation #righttocarry #2a #2ndmendment #rtkba #righttobeararms #gunowners #gunowner #firearmslaws #constitutionalright #donotinfringe #2arights #2ndamendmentrights #blackgunsmatter  #14thamendment #rtba #repeatingrifles #freedmensbureauact #freedmensbureau #thefreedmensbureau #1866 #civilrights

The Freedmen’s Bureau Act declared that the rights to “personal liberty” and “personal security,” “including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens . . . without respect to race or color or previous condition of slavery.”  § 14, 14 Stat. 173, 176-77 (1866). And the “arms” of that epoch included repeating rifles with magazines holding as many as thirty rounds.

Note this excerpt is from a brief on my website: Worman v. Maura Healey (listed on left side of home page)
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#2ahistory #2ndamendmentmeaning #gunmagazine #selfdefense #guncontrol 
#firearmsban #firearm #firearms #nationalafricanamericangunassociation #righttocarry #2a #2ndmendment #rtkba #righttobeararms #gunowners #gunowner #firearmslaws #constitutionalright #donotinfringe #2arights #2ndamendmentrights #blackgunsmatter  #14thamendment #rtba #repeatingrifles #freedmensbureauact #freedmensbureau #thefreedmensbureau #1866 #civilrights
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Women did their part to help the militiamen fight Women did their part to help the militiamen fight the British at Lexington and Concord.  Tory Peter Oliver wrote: "There was a remarkable Heroine, who stood at an House Door firing at the Kings Troops; there being Men within who loaded Guns for her to fire. She was desired to withdraw, but she answered, only by Insults from her own Mouth, & by Balls from the Mouths of her Muskets. This brought her own Death, & the Deaths of those who were within Doors."

Another contemporary verified that "even women had firelocks. One was seen to fire a blunderbuss between her father and husband from their windows."

"As the militiamen marched off, some women armed themselves with guns, axes, and pitchforks. Some patrolled the roads. Prudence Cummings Wright organized a women's guard and captured a Tory with incriminating papers."

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

Illustration: Prudence Cummings Wright
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#americanpatriots #thefounderssecondamendment #lexingtonandconcord #revolutionarywar #americanrevolution #theshotheardaroundtheworld #militiamen #americanfreedom #musket #muskets #musketballs #blunderbuss #firelock #firelocks #ushistory #1775 #colonialhistory #colonialmilitia #concordandlexington #keepandbeararms #militia #revolutionaryhistory #PrudenceCummingsWright #prudencewright #femalemilitia #americanrebellion #thebritisharecoming #strongwomen #womenandguns #womenshooting

Women did their part to help the militiamen fight the British at Lexington and Concord.  Tory Peter Oliver wrote: "There was a remarkable Heroine, who stood at an House Door firing at the Kings Troops; there being Men within who loaded Guns for her to fire. She was desired to withdraw, but she answered, only by Insults from her own Mouth, & by Balls from the Mouths of her Muskets. This brought her own Death, & the Deaths of those who were within Doors."

Another contemporary verified that "even women had firelocks. One was seen to fire a blunderbuss between her father and husband from their windows."

"As the militiamen marched off, some women armed themselves with guns, axes, and pitchforks. Some patrolled the roads. Prudence Cummings Wright organized a women's guard and captured a Tory with incriminating papers."

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

Illustration: Prudence Cummings Wright
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#americanpatriots #thefounderssecondamendment #lexingtonandconcord #revolutionarywar #americanrevolution #theshotheardaroundtheworld #militiamen #americanfreedom #musket #muskets #musketballs #blunderbuss #firelock #firelocks #ushistory #1775 #colonialhistory #colonialmilitia #concordandlexington #keepandbeararms #militia #revolutionaryhistory #PrudenceCummingsWright #prudencewright #femalemilitia #americanrebellion #thebritisharecoming #strongwomen #womenandguns #womenshooting
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Gun and ammo sales have skyrocketed this year.  S Gun and ammo sales have skyrocketed this year.  Societal unrest, first from Coronavirus and then riots and the Defund the Police movement are the big contributors.  A survey of firearms retailers by National Shooting Sports Foundation (NSSF) reported that 40% of the sales were first-time gun buyers, with 40% of that number being women.  People who previously have not thought about the need for self-protection are now stepping up and acknowledging this basic human right.
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#gunsandammosales #gunsales #ammosales #gunsales2020 #nssf #2a #2ndamendment #defendthe2nd #rtkba #righttobeararms #armedpeople #armedpopulace #armed #armedcitizen #keepandbeararms #selfdefense #rtba #womenandguns #basichumanright #basichumanrights #NationalShootingSportsFoundation #coronaviruseffects #covid19effects #defundthepoliceeffects #riotseffects #protectyourself #armyourself #firearmsretailer #gunsurvey #societalunrest

Gun and ammo sales have skyrocketed this year.  Societal unrest, first from Coronavirus and then riots and the Defund the Police movement are the big contributors.  A survey of firearms retailers by National Shooting Sports Foundation (NSSF) reported that 40% of the sales were first-time gun buyers, with 40% of that number being women.  People who previously have not thought about the need for self-protection are now stepping up and acknowledging this basic human right.
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#gunsandammosales #gunsales #ammosales #gunsales2020 #nssf #2a #2ndamendment #defendthe2nd #rtkba #righttobeararms #armedpeople #armedpopulace #armed #armedcitizen #keepandbeararms #selfdefense #rtba #womenandguns #basichumanright #basichumanrights #NationalShootingSportsFoundation #coronaviruseffects #covid19effects #defundthepoliceeffects #riotseffects #protectyourself #armyourself #firearmsretailer #gunsurvey #societalunrest
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One amusing tactic the Swiss used to thwart Nazis One amusing tactic the Swiss used to thwart Nazis was to "play dumb." During countless confrontations, Swiss citizens found at times it was better to pretend to be a bumbling idiot (with a hidden pistol) rather than go against the Nazis military strength.  The Nebelspalter, Switzerland's leading magazine of humor and political cartoons since 1875, illustrated an example of this in their August 1940 issue.  A translation of the conversation between the short, fat Swiss man and the sharp faced Nazi in the above cartoon is as follows: "Isn't it true that every man possesses his own rifle?" "No no, my dog is called Mopsli not Trifle." "Don't you keep your rifle ready all the time?" "Unfortunately, Mopsli eats more than he can handle at one time." "Will you please listen: a heavy rifle and rounds of ammunition?" "Well, this is true, for Mopsli food is always a temptation." "As far as I know, you also maintain an Ortswehr (local guard)?" "I agree, Mopsli is too fat by far." From The Swiss and the Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich, p. 36.
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#nebelspalter #wwiicartoon #alpinerepublic #nazisatire #dogjokes #1940 #rifle #ammo #hiddenpistol #wwii #ww2 #naziinvasion #theswissandthenazis #europeanhistory #WWIIhistory #Switzerlandhistory #swisswwiihistory #antinazi #nazi #armedswiss #swissresistance #nazigermany #resistance #swissarmywwii #swissarmy #armedneutrality #swissarmedneutrality #historyisfun #politicalcartoon #playdumb

One amusing tactic the Swiss used to thwart Nazis was to "play dumb." During countless confrontations, Swiss citizens found at times it was better to pretend to be a bumbling idiot (with a hidden pistol) rather than go against the Nazis military strength.  The Nebelspalter, Switzerland's leading magazine of humor and political cartoons since 1875, illustrated an example of this in their August 1940 issue.  A translation of the conversation between the short, fat Swiss man and the sharp faced Nazi in the above cartoon is as follows: "Isn't it true that every man possesses his own rifle?" "No no, my dog is called Mopsli not Trifle." "Don't you keep your rifle ready all the time?" "Unfortunately, Mopsli eats more than he can handle at one time." "Will you please listen: a heavy rifle and rounds of ammunition?" "Well, this is true, for Mopsli food is always a temptation." "As far as I know, you also maintain an Ortswehr (local guard)?" "I agree, Mopsli is too fat by far." From The Swiss and the Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich, p. 36.
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#nebelspalter #wwiicartoon #alpinerepublic #nazisatire #dogjokes #1940 #rifle #ammo #hiddenpistol #wwii #ww2 #naziinvasion #theswissandthenazis #europeanhistory #WWIIhistory #Switzerlandhistory #swisswwiihistory #antinazi #nazi #armedswiss #swissresistance #nazigermany #resistance #swissarmywwii #swissarmy #armedneutrality #swissarmedneutrality #historyisfun #politicalcartoon #playdumb
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This .470 caliber Rigby double rifle was owned by This .470 caliber Rigby double rifle was owned by the wife of the Maharajah of Udaipur (in India). She took delivery of this Rigby Rising Bite rifle in 1924.  Ken Hunt later engraved the inlaid gold elephant and lion on it.  From the NRA's National Firearms Museum in Fairfax, Virginia.
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#rigbyrifle #rigbydoublerifle #rigbyrifles #rigbygunmakers #johnrigby #johnrigbyandco #rigbyrisingbite #1924 #doublerifle #doublerifles  #470cal #470caliber #engravedrifle #engravedrifles #fancygun #fancyguns #engravedgun #engravedguns  #NRAmuseum #NRAmuseums #firearm #firearms #firearmsphotography #MaharajahofUdaipur #MaharaniofUdaipur #kenhunt #inlaidgold #nitroexpress #470nitro #470nitroexpress

This .470 caliber Rigby double rifle was owned by the wife of the Maharajah of Udaipur (in India). She took delivery of this Rigby Rising Bite rifle in 1924.  Ken Hunt later engraved the inlaid gold elephant and lion on it.  From the NRA's National Firearms Museum in Fairfax, Virginia.
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#rigbyrifle #rigbydoublerifle #rigbyrifles #rigbygunmakers #johnrigby #johnrigbyandco #rigbyrisingbite #1924 #doublerifle #doublerifles  #470cal #470caliber #engravedrifle #engravedrifles #fancygun #fancyguns #engravedgun #engravedguns  #NRAmuseum #NRAmuseums #firearm #firearms #firearmsphotography #MaharajahofUdaipur #MaharaniofUdaipur #kenhunt #inlaidgold #nitroexpress #470nitro #470nitroexpress
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Faced with the escalating effects of technological Faced with the escalating effects of technological revolution in weaponry, England's King Henry VIII had a losing battle on his hands, what with the commoners using not only crossbows but also "handgonnes" on a widening scale. In legislation in 1541 he decreed: "Whereas the King's Subjects daily delight themselves in shooting of Crossbows . . . [and] many and diverse not regarding or fearing the penalties of the [previously enacted] statute use daily to shoot in Crossbows and handgonnes. . . . Wherefore . . . no person from henceforth [shall] shoot in any Crossbow and handgonne . . . unless he or other to his use have lands and tenements in the yearly value of CCC marks. . . . And that no man . . . [may] keep in his house or elsewhere any Crossbow or handgonne upon pain of imprisonment . . . unless that he or other to his use have land and tenements to the yearly value of CCC marks. . . ." "Exceptions were made for those granted licenses by the king and for inhabitants of towns near the sea or near Scotland." From That Every Man Be Armed: The Evolution of a Constitutional Right, p. 41.

King Henry VIII was crowned King of England on this date in 1509.  Photo shows his field armor.
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#henryviii #onthisdate #onthisday #kingsofengland #armedpopulace #kinghenryviii #thateverymanbearmed #longbow #bowandarrow #crossbow #armedcitizen #englishhistory #britishhistory #englandhistory #righttobeararms #rtkba #rtba #2ahistory #handgun #handguns #handgunhistory #1541 #1509 #gunlaws #earlygunlaws #crossbowlaws #handgonne #handgonnes #scottishinvasion #fieldarmor

Faced with the escalating effects of technological revolution in weaponry, England's King Henry VIII had a losing battle on his hands, what with the commoners using not only crossbows but also "handgonnes" on a widening scale. In legislation in 1541 he decreed: "Whereas the King's Subjects daily delight themselves in shooting of Crossbows . . . [and] many and diverse not regarding or fearing the penalties of the [previously enacted] statute use daily to shoot in Crossbows and handgonnes. . . . Wherefore . . . no person from henceforth [shall] shoot in any Crossbow and handgonne . . . unless he or other to his use have lands and tenements in the yearly value of CCC marks. . . . And that no man . . . [may] keep in his house or elsewhere any Crossbow or handgonne upon pain of imprisonment . . . unless that he or other to his use have land and tenements to the yearly value of CCC marks. . . ." "Exceptions were made for those granted licenses by the king and for inhabitants of towns near the sea or near Scotland." From That Every Man Be Armed: The Evolution of a Constitutional Right, p. 41.

King Henry VIII was crowned King of England on this date in 1509.  Photo shows his field armor.
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#henryviii #onthisdate #onthisday #kingsofengland #armedpopulace #kinghenryviii #thateverymanbearmed #longbow #bowandarrow #crossbow #armedcitizen #englishhistory #britishhistory #englandhistory #righttobeararms #rtkba #rtba #2ahistory #handgun #handguns #handgunhistory #1541 #1509 #gunlaws #earlygunlaws #crossbowlaws #handgonne #handgonnes #scottishinvasion #fieldarmor
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"I have never killed a bird nor shot a rabbit. I n "I have never killed a bird nor shot a rabbit. I never liked fishing and always let others kill even the chickens which I ate. Nearly all my schoolmates in the South carried pistols. I never owned one. I could never conceive myself killing a human being. But in 1906 I rushed back from Alabama to Atlanta where my wife and six-year old child were living. A mob had raged for days killing Negroes. I bought a Winchester double-barreled shotgun and two dozen rounds of shells filled with buckshot. If a white mob had stepped on the campus where I lived I would without hesitation have sprayed their guts over the grass.” - W.E.B. DuBois (from The Autobiography of W.E.B. DuBois.) On this date in 1943, historian, author, and civil rights activist William Edward Burghardt Du Bois became the 1st black member of the National Institute of Letters.
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#webdubois #WilliamEdwardBurghardtDuBois #webduboisquote  #webduboisquotes #africanamericanliterature #blackstorieshavepower #blackhistory365 #civilrightsactivist #blackgunsmatter #blackhistorians #blackauthors #blackautobiography #americanautobiography #onthisday #onthisdate #nationalinstituteofletters #1943 #winchester #winchestershotgun #doublebarrelshotgun #raceriots #2a #2ndamendment #rtkba #righttobeararms #armedpeople #armed #armedcitizen #keepandbeararms #selfdefense

"I have never killed a bird nor shot a rabbit. I never liked fishing and always let others kill even the chickens which I ate. Nearly all my schoolmates in the South carried pistols. I never owned one. I could never conceive myself killing a human being. But in 1906 I rushed back from Alabama to Atlanta where my wife and six-year old child were living. A mob had raged for days killing Negroes. I bought a Winchester double-barreled shotgun and two dozen rounds of shells filled with buckshot. If a white mob had stepped on the campus where I lived I would without hesitation have sprayed their guts over the grass.” - W.E.B. DuBois (from The Autobiography of W.E.B. DuBois.) On this date in 1943, historian, author, and civil rights activist William Edward Burghardt Du Bois became the 1st black member of the National Institute of Letters.
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#webdubois #WilliamEdwardBurghardtDuBois #webduboisquote  #webduboisquotes #africanamericanliterature #blackstorieshavepower #blackhistory365 #civilrightsactivist #blackgunsmatter #blackhistorians #blackauthors #blackautobiography #americanautobiography #onthisday #onthisdate #nationalinstituteofletters #1943 #winchester #winchestershotgun #doublebarrelshotgun #raceriots #2a #2ndamendment #rtkba #righttobeararms #armedpeople #armed #armedcitizen #keepandbeararms #selfdefense
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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