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The Independent Institute
Research Article

The Second Amendment Upholds an Individual Right
Amici Curiae Brief in D.C. v. Heller for 55 Senators, the Senate President, and 250 Members of the House of Representatives


After nearly 70 years of silence regarding the Second Amendment, the U.S. Supreme Court has agreed to preside over the District of Columbia vs. Heller. At issue, as attorney and Independent Institute Research Fellow Stephen P. Halbrook explains in his new book The Founders’ Second Amendment (June 6, 2008 / Ivan R. Dee / $28.95), is whether or not the Second Amendment protects a private citizen’s right to bear arms in the home. Having won three cases before the Supreme Court, Halbrook has filed a Brief for Amici Curiae in the case on behalf of more than 300 members of Congress. It is available for download here.


Stephen P. Halbrook, Ph.D., J.D., is Research Fellow at The Independent Institute and author of the books, Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”, The Founders' Second Amendment and Securing Civil Rights, the latter two of which were cited in the the U.S. Supreme Court cases of District of Columbia v. Heller and McDonald v. Chicago as well as his earlier Amici Curiae Brief in Heller on behalf of 55 members of the Senate, the Senate President, and 250 members of the House of Representatives. Dr. Halbrook is also the author of the book, That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Institute).
Full Biography and Recent Publications

FoundersNew from Stephen P. Halbrook!
GUN CONTROL IN THE THIRD REICH: Disarming the Jews and “Enemies of the State”

Presents the definitive history of how the Nazi regime used gun control to disarm and repress its enemies and consolidate power. Previous books on Nazi Germany and the Holocaust fail even to mention the laws restricting firearms ownership, which rendered Jews, political opponents, and other disfavored groups defenseless.. Learn More »»