Stephen P. Halbrook (born 12 September 1947)
is a senior fellow at the
Independent Institute
The Independent Institute is an American libertarian think tank based in Oakland, California. Founded in 1986 by David J. Theroux, the institute focuses on political, social, economic, legal, environmental, and foreign policy issues. It has more ...
and an author and lawyer known for his litigation on cases involving laws pertaining to
firearms
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions).
The first firearms originated in 10th-century China, when bamboo tubes ...
. He has written extensively about the original meanings of the Second Amendment and the Fourteenth Amendment (the latter as applied to Second Amendment rights).
He has argued and won three cases before the US Supreme Court: ''
Printz v. United States
''Printz v. United States'', 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constit ...
'', ''
United States v. Thompson-Center Arms Company
''United States v. Thompson-Center Arms Company'', 504 U.S. 505 (1992), was a case decided by the Supreme Court of the United States..
Background
The legal dispute in ''United States v. Thompson-Center Arms Company'' arose when officials from t ...
'', and ''
Castillo v. United States''. He has also written briefs in many other cases, including the Supreme Court cases ''
Small v. United States'' (pertaining to the Gun Control Act of 1968) and ''
McDonald v. Chicago
''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated ...
''. In ''
District of Columbia v. Heller
''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'', he wrote a brief on behalf of the majority of both houses of Congress. He has written many books and articles on the topic of
gun control
Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians.
Most countries have a restrictive firearm guiding policy, with onl ...
, some of which have been cited in Supreme Court opinions (''Heller'', ''McDonald'', ''Printz v. United States''). He has testified before congress on multiple occasions. Halbrook's most popular book is ''That Every Man Be Armed'', originally published in 1986. The book is an analysis of the legal history and original intent of the Second Amendment.
Education
Halbrook attended Florida State University, receiving a B.S. Business in 1969 and a PhD in philosophy in 1972. He then attended Georgetown University, receiving his J.D. in 1978. He began as an instructor of philosophy at Florida State University, 1970–1972. After completing his PhD he worked as an assistant professor of philosophy at the Tuskegee Institute (1972–1974), Howard University (1974–1979), and George Mason University (1980–1981). While in law school at Georgetown he acted as a Law Fellow of Georgetown's Barristers' Council from 1975–1977.
Career
Since 1978 he has been an attorney specializing in civil litigation and criminal defense. He claims to have come to the issue without a particularly abiding interest in guns, or even as a conservative.
He has published several books and dozens of articles on the history of the right to bear arms, the historical background of the Second Amendment, modern gun control, Nazi gun control policies during World War II, and Switzerland's policy of armed neutrality during World War II. Halbrook received the
David & Goliath Award from
Jews for the Preservation of Firearms Ownership (2014). Halbrook first appeared on the Second Amendment scene with a 1981 article in the ''George Mason University Law Review,'' arguing that the Second Amendment guarantees an individual right to arms, and that the Fourteenth Amendment was intended to make that Second Amendment guarantee enforceable against the states.
He has argued that the Second Amendment, properly understood, protects both the states' right to maintain a militia and an individual right to bear arms for self-defense.
Books/Articles
''Gun Control in Nazi-Occupied France: Tyranny and Resistance'' Oakland: Independent Institute, 2018. Print.
''
Gun Control in the Third Reich: Disarming the Jews and "enemies of the State"'' Oakland: Independent Institute, 2014. Print.
''Why Can't We Be Like France? How the Right to Bear Arms Got Left Out of the Declaration of Rights and How Gun Registration was Decreed Just In Time For the Nazi Occupation'', 39 Fordham Urb. L.J. 1637, 2012.
''Firearms Law Deskbook: Federal and State Criminal Practice.'' St. Paul, MN: Thomson/West, 2006. Previous editions with annual supplements by Clark Boardman Callaghan/Thomson/West Group, 1995–2005.
''The Constitutional Right to Hunt: New Recognition of an Old Liberty in Virginia'', 19 Wm. & Mary Bill Rts. J. 197, (2010).
''Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen'', 50 Santa Clara L. Rev. 1073, 2010.
''Target Switzerland: Swiss Armed Neutrality in World War II.'' Rockville Center, N.Y.: Sarpedon Publishers, 1998 (hardback); Cambridge, MA: Da Capo Press, 2003 (paperback).
''Target Switzerland'' has been translated into four languages, and won two international awards.
[Max Geilinger Foundation prize for works contributing to Swiss and Anglo-American culture, Zürich, May 27, 2000, which including publication of booklet Die Schweiz im Visier. "Auszeichnung für Stephen P. Halbrook: Überreichung des Preises der Max-Geilinger-Stiftung," Neue Zürcher Zeitung, 31. Mai 2000, S. 47.]
''The Founder's Second Amendment: Origins of the Right to Bear Arms.'' Chicago: Ivan R. Dee for the Independent Institute, 2008.
Arms in the Hands of Jews Are a Danger to Public Safety: Nazism, Firearm Registration, and the Night of the Broken Glass.''ExpressO,'' 2008.
''The Swiss and the Nazis: How the Alpine Republic Survived in the Shadow of the Third Reich.'' Havertown, Pa.: Casemate Publishers; Gloucestershire, UK: Spellmount Ltd., 2006.
''St. George Tucker's Second Amendment: Deconstructing "The True Palladium of Liberty", Tennessee Journal of Law & Policy'': Vol. 3: Iss. 2, Article 3. 2006.
''Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876.'' Westport, Conn.: Praeger Publishers, 1998. Updated edition published as Securing Civil Rights (Independent Institute 2010).
''That Every Man Be Armed: The Evolution of a Constitutional Right.'' Albuquerque: University of New Mexico Press, 1984. Reprinted in 1994, 2000 by Independent Institute, Oakland, Ca.
''The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment'', 26 Val. U. L. Rev. 131. 1991
''A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees.'' Westport, Conn.: Greenwood Press, 1989.
''What the Framers Intended: A Linguistic Analysis of the Right to "Bear Arms''", 49 Law and Contemporary Problems 151-162, 1986.
See also
*
Don Kates
*
Gary Kleck
Gary Kleck (born March 2, 1951) is a criminologist and the David J. Bordua Professor Emeritus of Criminology at Florida State University.
Early life and education
Kleck was born in Lombard, Illinois, to William and Joyce Kleck. He attended G ...
*
John Lott
*
Rudolph Rummel
References
External links
*
Appearances at the U.S. Supreme Courtfrom the
Oyez Project
The Oyez Project at the Illinois Institute of Technology's Chicago-Kent College of Law is an unofficial online multimedia archive of the Supreme Court of the United States, especially audio of oral arguments. The website "aims to be a complete a ...
*
{{DEFAULTSORT:Halbrook, Stephen
1947 births
Living people
20th-century American writers
21st-century American writers
American gun rights activists