U.S. Judge Releases Video of Himself Disassembling Guns in Dissent Against Court Ruling

U.S. Judge Releases Video of Himself Disassembling Guns in Dissent Against Court Ruling

A judge on the U.S. Court of Appeals for the 9th Circuit has released a video showing himself disassembling multiple firearms as part of an unusual dissent against the court’s decision to uphold California’s ban on gun magazines that hold more than 10 rounds of ammunition.

In the 18-minute video, Judge Lawrence VanDyke expressed his belief that his colleagues had a “basic misunderstanding of how firearms work.” Throughout the video, VanDyke argued that large-capacity magazines should be protected under the Second Amendment. He explained that such magazines can improve a gun’s functionality and should be considered essential parts, not mere accessories. VanDyke also stated that while he had originally planned to present these arguments in his dissent, he found it "obviously much more effective to simply show you." He clarified that the guns shown in the video were rendered inoperable for safety purposes.

VanDyke’s colleagues on the 9th Circuit ruled in a 7-4 decision that California’s law banning large-capacity magazines was constitutional under the Second Amendment, concluding that such magazines are not considered "arms" or "protected accessories." In his dissent, VanDyke, along with other dissenting judges, pointed out that magazines holding more than 10 rounds are "the most common magazines in the country" and are sold with most firearms.

In response, Judge Marsha Berzon, who concurred with the ruling, criticized VanDyke’s video, accusing him of essentially "appointing himself as an expert witness" and presenting a factual argument with the intent of persuading the viewers without adhering to the usual procedural safeguards for expert testimony. Berzon deemed the video "wildly improper" and suggested it should be addressed to prevent a similar approach from becoming commonplace.

VanDyke, nominated by President Trump and confirmed in December 2019 with a 51-44 Senate vote, serves on the 9th Circuit Court of Appeals.

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