Skip to main content
Stephen Halbrook

Stephen Halbrook

Author

Aug 23, 2026

3:07
You fleshed it out, if you will.
3:10
So in, in the '70s, several of us scholars started meeting and deciding that we're gonna publish on it, exchange information, and we started doing that.
3:21
And, and so I, my first book was in '84, That Every Man Be Armed, and other people brought out other, uh, law review articles and books.
3:29
And eventually our model, what we promoted, the individual rights interpretation of the Second Amendment, became the standard model.
3:37
And the so-called collective right that you can only have a gun if you're in the militia or the National Guard, that came to be, uh, academically not very prestigious after all.
3:49
That all cumulated in the Supreme Court in the Heller decision where the Court found it's a individual right, handgun ban is unconstitutional, and then it's just been building since then.
4:01
I mean, after Scalia died, uh, the Court didn't look at the issue for a long time.
8:22
I think we're gonna find that the Supreme Court's gonna come back and say, "Yeah, you cannot ban AR-15s." Uh, and then maybe what's next? Are we looking at maybe these Glock bans and they're trying to ban certain handguns?
40:15
Within that Heller decision, though, didn't Justice Scalia say dangerous and unusual weapons aren't protected, if I'm not mistaken?
40:26
Absolutely.
40:28
That carried over from the English common law that a person... could be subjected to the criminal justice system, basically, for carrying dangerous and unusual weapons that would cause alarm to the people.
40:44
And the fact that for going on almost 100 years, the line has been drawn between fully automatic and semi-automatic weapons.
40:53
The National Firearms Act of 1934 highly restricted machine guns, but semi-automatic firearms, rifles, pistols, and shotguns have been commonly used by law-abiding people for basically since the end of the 1800s.
41:10
And it's been only recently, since 1989, California enacted the first ban on these types of, as I say, primarily rifles.
41:24
There was no magazine ban until New Jersey's in 1990.

9 MINS LATER

50:41
Wrapping things up, I'd like to ask about background checks in states where there are not the background checks that some would say there should be.

We value your privacy

We use cookies to understand how you use our platform and to improve your experience. Click “Accept All” to consent, or “Decline non-essential” to opt out of non-essential cookies. Read our Privacy Policy.