Search for: "Stephen Halbrook"
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16 Dec 2022, 9:30 pm
Stephen Halbrook, Should Courts Appoint Historians as Experts in Second Amendment Cases? [read post]
14 Jan 2026, 7:01 pm
quot;disqualifiers" that signal when a court has derived an underlying principle too broadly); Stephen [read post]
1 Mar 2019, 3:01 am
Second Amendment In The New Supreme Court” [Federalist Society conference with Renee Lerner, Stephen [read post]
11 May 2023, 6:32 am
control (Joseph Stepansky, Al Jazeera) The Supreme Court Should Review and Enjoin the Illinois Gun Ban (Stephen [read post]
10 Mar 2025, 6:18 am
(Linda Greenhouse, The New York Times) Court Seems Disposed to Rule for S&W and Against Mexico (Stephen [read post]
27 Apr 2023, 8:23 pm
[Judge Stephen McGlynn of the Southern District of Illinois asks probing questions about the state&rsquo [read post]
13 Dec 2022, 5:01 am
[When the Second Amendment's plain text covers conduct, it is presumptively protected.] The Supreme Court's decision invalidating New York's law giving discretion to officials to deny licenses to carry handguns for insufficient "need" held that "when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct." A restriction may be found valid only if the government demonstrates that it "is… [read post]
16 Dec 2022, 5:01 am
[In historical inquiry, reasoning by analogy is a commonplace task for any lawyer or judge.] In Bruen, the Supreme Court held that "when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct." To justify a regulation, "the government must demonstrate that the regulation is consistent with this Nation's historical tradition of firearm regulation." And that depends on whether there is a… [read post]
12 Dec 2022, 9:43 am
[The AR-15 is protected by the Second Amendment.] Thanks to Eugene for inviting me to post about some of the developments in the wake of the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen. Bruen held that New York's limitation of the issuance of permits to carry a handgun to those who officials decide have a special need violates the Second Amendment, which protects from infringement "the right of the people to … bear arms." The… [read post]
16 Jan 2026, 9:30 pm
Stephen Halbrook on "history and tradition" and the Second Amendment in Joel Alicea& [read post]
17 Jan 2009, 3:35 pm
Attorneys in the case are Stephen Halbrook and Richard Gardiner, of Fairfax, Virginia. [read post]
28 May 2025, 6:46 pm
[Joel Alicea’s defense of originalism demonstrates broad applicability of the text-history method.] J. Joel Alicea, "Bruen Was Right," 174 U. Pa. L. Rev. (forthcoming 2025), sets forth a comprehensive defense of the text-history approach and rejection of means-scrutiny set forth in Justice Clarance Thomas' opinion in Bruen. A professor at the Columbus School of Law, Alicea is the director of the Center for the Constitution and the Catholic Intellectual Tradition. Some scholars… [read post]
10 Oct 2024, 7:33 pm
Pundits have tried to read the tea leaves following the argument in the Supreme Court in Garland v. VanDerStok on October 8. In its Final Rule, ATF expanded the definition of "firearm" beyond what Congress provided in the Gun Control Act (GCA), and it expanded the definition of "frame or receiver" beyond the agency's own definition that was on the books since 1968. In the argument, serious questions were raised about the extent to which an agency may revise a… [read post]
11 Apr 2023, 7:55 pm
[Carl Bogus invented the fiction that the purpose of the Second Amendment was slave control.] Back in 1998—a decade before Heller—Prof. Carl Bogus claimed to have discovered a "hidden history" showing that the Second Amendment was adopted to ensure that militias could enforce slave control. Since that theory crops up now and then, in 2021 I posted a comprehensive historical refutation in SSRN, which was subsequently published in Georgetown Journal of Law & Public… [read post]
9 Dec 2024, 7:36 pm
The case of Snope v. Brown has been distributed for the Supreme Court's conference for December 13. Previously styled Bianchi v. Brown, the cert petition challenges Maryland's "assault weapon" prohibition which the Fourth Circuit upheld en banc earlier this year. The Wall St. Journal's Editorial Board just took notice in "AR-15 Rifles and the Constitution" (Dec. 8), observing that the Fourth Circuit "second-guesses people who say they keep or bear an… [read post]
26 Jun 2024, 8:25 pm
[The real dissents are the concurrences by Justices Sotomayor and Jackson.] A good faith disagreement exists between the majority in United States v. Rahimi and Justice Thomas in dissent on whether the founding-era laws on affrays and sureties are valid historical analogues for the federal gun ban on persons who are subject to domestic violence restraining orders (DVROs). Justice Thomas makes a persuasive case that they do not suffice, while the Chief Justice, writing for the majority,… [read post]
16 Jun 2024, 8:18 pm
Before § 922(o) passed in 1986, ATF Director Stephen Higgins testified to the House Judiciary [read post]
21 Nov 2023, 6:51 pm
[If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application. ] In his concurring opinion in the Fifth Circuit's decision in US v. Rahimi, Judge James Ho came out swinging. As he explained, "Those who commit violence, including domestic violence, shouldn't just be disarmed—they should be detained, prosecuted, convicted, and incarcerated." But the federal… [read post]
8 Dec 2025, 7:40 pm
[Illegal aliens are prohibited from possession of firearms.] Now that the Supreme Court has granted cert in Trump v. Barbara, the meaning of the Citizenship Clause in the Fourteenth Amendment should be definitively clarified. There are numerous collateral issues that are stake besides whether a birth certificate reflects citizenship. One of those is whether the person may lawfully receive or possess firearms. The Gun Control Act (GCA) makes it unlawful for "an alien" who… [read post]
14 Dec 2022, 7:46 am
[1791, not 1868, is the key date for determining the original understanding of the Second Amendment.] When proposing the Fourteenth Amendment to Congress in 1866, Senator Jacob Howard referred to "the personal rights guaranteed and secured by the first eight amendments of the Constitution; such as freedom of speech and of the press; … the right to keep and bear arms…." He averred that "the great object" of the amendment was "to restrain the power of the States… [read post]
