Judge Lawrence VanDyke’s unconventional dissent: disassembling guns to challenge gun magazine ban
U.S. Court of Appeals Judge Lawrence VanDyke shared a video of himself disassembling guns in chambers, dissenting against the decision to uphold California's gun magazine ban. He argued that large-capacity magazines should be covered under the Second Amendment.
In a bold and unconventional step, Judge Lawrence VanDyke, a member of the U.S. Court of Appeals for the 9th Circuit, publicly dissented against the court’s decision to uphold California’s law banning large-capacity gun magazines.
On March 21, 2025, VanDyke shared a video of himself disassembling multiple firearms in his chambers. He criticized his colleagues' ruling, which argued that large-capacity magazines are not protected by the Second Amendment. According to VanDyke, these magazines should be viewed as essential functional parts of firearms, not just accessories.
Judge VanDyke's stance on large-capacity magazines
In the video, VanDyke explained that large-capacity magazines improve the functionality of firearms, thus deserving protection under the Second Amendment. The video lasted 18 minutes and aimed to showcase the mechanics of firearms and their magazines, arguing that such components are integral to the gun’s overall function.
He pointed out that large-capacity magazines are some of the most commonly used in the United States and are often sold with firearms, which further supports his claim.
Court's ruling and VanDyke's dissent
The ruling in question was a 7-4 decision, with the majority agreeing that California's ban on magazines holding more than 10 rounds did not infringe upon Second Amendment rights. However, VanDyke and other dissenting judges disagreed, asserting that the magazines are a critical part of firearms and should therefore be protected as arms. The ruling has sparked debates over gun rights and the extent of Second Amendment protections.
The release of the video was not without controversy. Judge Marsha Berzon, a colleague on the 9th Circuit, criticized VanDyke for what she described as "wildly improper" behavior. She argued that he was attempting to present himself as an expert witness without following the necessary procedural safeguards. Berzon also expressed concern that such actions could set a troubling precedent for future judicial dissent.
VanDyke's background and role in the 9th Circuit
Appointed by President Donald Trump, VanDyke was confirmed to the 9th Circuit in December 2019. His tenure has been marked by a strong conservative stance, and his dissent on the gun magazine case reflects his commitment to upholding Second Amendment rights. While the video has drawn criticism from some quarters, it underscores the passionate and contentious debates surrounding gun control in the U.S.