Judge Dissent: Disassembles Firearms in Video Against Gun Magazine Ban

San Francisco, California — In a striking dissent to the recent ruling by his colleagues, Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit posted a video on social media where he disassembles multiple firearms. This unusual act is a response to the court’s decision to uphold California’s ban on gun magazines that hold more than 10 rounds of ammunition.

During the video, VanDyke criticized his fellow judges for what he described as a ‘basic misunderstanding of how firearms work.’ He argued that large-capacity magazines should be classified under the Second Amendment, stating that they enhance a gun’s functionality and should not be viewed as mere accessories.

‘I thought it would be far more effective to show you how these magazines work rather than just tell you,’ VanDyke said. He assured viewers that the firearms featured were inoperable to ensure safety during the demonstration.

The Ninth Circuit court ruled 7-4 in favor of the California law, asserting that magazines capable of holding over 10 rounds do not qualify as ‘arms’ under the Second Amendment. The majority opinion emphasized that such magazines are not ‘protected accessories.’ In dissent, VanDyke and other dissenting judges maintained that magazines holding more than 10 rounds are common in the U.S. and are included with many firearms sold.

Judge Marsha Berzon publicly criticized VanDyke’s video in her own dissent, condemning his actions as ‘wildly improper.’ She contended that he ‘in essence appointed himself as an expert witness in the case’ without adhering to procedural safeguards that typically regulate expert testimony. ‘His presentation appears aimed at persuading readers while serving on the panel deciding the case,’ Berzon stated.

Berzon urged the court to comment on VanDyke’s video to prevent similar occurrences in the future, warning that it could set a troubling precedent.

Lawrence VanDyke was nominated by former President Donald Trump during his first term and confirmed by the Senate in December 2019 with a 51-44 vote. Since then, he has served on the Ninth Circuit, where he has been involved in various high-profile cases regarding gun rights and other legal issues.