Dissent video in 23-55805 Duncan v. Bonta: Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit criticized his colleagues' "basic misunderstanding of how firearms work" after they voted to uphold magazine restrictions.
"As an appellate body, it's obviously not our role to make factual determinations," VanDyke said in the video. "So I share this not to supplement the factual record that we're using to decide this case. Instead, I share this because a rudimentary understanding of how guns are made, sold, used and commonly modified makes obvious why California's proposed tests and the one my colleagues are adopting today simply does not work."
VanDyke went on to say he could "explain all this in writing" but that it is "much more effective to simply show" what he means through demonstrating it. He also said he had "rendered inoperable all the guns and gun parts" for the video demonstration for safety purposes.
In his discussion, VanDyke challenged California's argument that a magazine holding more than 10 rounds of ammunition is merely an accessory, not an arm protected by the Second Amendment, saying this argument is inconsistent with the facts of how a gun works, as a magazine plays an essential role in the function of a firearm, just like the firearm itself.
PUBLIC SCHOOL STUDENTS IN THIS STATE COULD SOON BE REQUIRED TO TAKE GUN SAFETY COURSES
AR-15 style rifles are displayed for sale at a gun store. (REUTERS/Bing Guan) (Reuters/Bing Guan)
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In her majority opinion, Clinton appointee Judge Marsha Berzon wrote that VanDyke's video was "wildly improper" and that he "in essence appointed himself as an expert witness in this case."
In 2016, the California legislature passed Senate Bill 1446, which banned the possession of so-called "large-capacity" magazines, or those that hold more than 10 rounds, starting July 1, 2017. The bill also imposed fines for those who failed to comply with this ban.
Later in 2016, Proposition 63 was approved by California voters, which incorporated the provisions of Senate Bill 1446 but also added a criminal penalty for the unlawful possession of large-capacity magazines after the July 1, 2017, deadline.
Jamie Joseph is a U.S. Politics reporter for Fox News Digital covering transgender and culture issues, the Departments of Education and Health and Human Services, and stateside legislative developments.
https://www.foxnews.com/politics/watch-trump-appointed-judge-chides-colleagues-ignorance-guns-unique-video-dissent