Photo: United States Court of Appeals for the Ninth Circuit
Judge Lawrence VanDyke, appointed by President Donald Trump to the U.S. Court of Appeals for the Ninth Circuit, has issued a unique video dissent criticizing his colleagues' decision to uphold a California law banning magazines that hold more than 10 rounds of ammunition. In an 18-minute video posted on the Ninth Circuit's YouTube channel, VanDyke argued that the judges lacked the "basic familiarity with firearms" necessary to understand the flaws in California's proposed restrictions.
VanDyke demonstrated the mechanics of his personal firearms, emphasizing that the law's classification of magazines as mere accessories was inconsistent with their essential role in a firearm's function. He contended that this misunderstanding could lead to broader restrictions on semi-automatic firearms, which he argued would infringe on Second Amendment rights.
In the video, VanDyke stated, "As an appellate body, it's obviously not our role to make factual determinations," but he believed that demonstrating the mechanics was more effective than written explanations. He ensured safety by rendering all firearms inoperable for the demonstration.
The decision to uphold the ban was made by a 7-4 margin, with Judge Marsha Berzon, a Clinton appointee, writing in her majority opinion that VanDyke's video was "wildly improper" and accused him of acting as an expert witness in the case.
The ban originated from California's Senate Bill 1446 and Proposition 63, both passed in 2016, which imposed penalties for possessing large-capacity magazines.