Rewriting the Second Amendment

Rewriting the Second Amendment by Stephen P. Halbrook American Rifleman, Oct. 2001, pp. 48-49, 88-89 Attorney General Ashcroft states that “the text and the original intent of the Second Amendment clearly protect the right of individuals to keep and bear firearms.” The Second Amendment to the U.S. Constitution protects an individual right to keep and…

Second Amendment: Post-Sniper Policy

Second Amendment: Post-Sniper Policy by Stephen P. Halbrook National Law Journal, Nov. 11, 2002 and New Jersey Law Journal, Nov. 18, 2002 The terror spread by the Washington, D.C-area snipers has prompted two reactions. One is to enact laws for ballistic “fingerprinting” of all firearms and to ban “sniper” rifles. The other is to focus on how…

Guns and Prohibition

Guns and Prohibition, in Al Capone’s Day and Now by Stephen P. Halbrook Wall Street Journal, April 11, 1989 On his first day as drug czar, William Bennett decided to declare war on America’s 70 million gun owners. The war will not be one on “assault weapons,” however, but one on law-abiding citizens who, under…

The Framers Didn’t Want a National Police Force

The Framers Didn’t Want a National Police Force by Stephen P. Halbrook Published in National Law Journal, Jan. 17, 1994, p.14. Victor Williams’ “Founders Mandated Federal Role in Crime Control” (“Podium,” NLJ, 11-8-93) advocates a general federal criminal jurisdiction nowhere found enumerated in Congress’ powers in Art. I, Sec. 8, of the Constitution. His reliance on…

Emerson’s Second Amendment

Emerson’s Second Amendment by Stephen P. Halbrook Originally published in 2001 at www.independent.org In “Guns and the Constitution” (Writ, Nov. 2), Akhil and Vikram Amar offer creative insights about the right to keep and bear arms that provoke us to reexamine our premises. Much of the thesis is valid. However, portions rely on a skewed analysis…

Another Look at the Brady Law

Another Look at the Brady Law by Stephen P. Halbrook Washington Post, Oct. 8, 1994 As counsel for four of the sheriffs who sued the federal government for trying to pull them off street patrol to conduct Brady Act record checks on predominantly law-abiding handgun purchasers, I wish to reply to Richard Aborn’s letter of…