Judge Lawrence Vandice of the U.S. Ninth Circuit Court of Appeals, appointed by President Donald Trump in his first term, published a unique anti-opinion video when his colleagues voted to support a ban on magazines that hold more than 10 rounds of ammunition.
in 18 minute video Uploaded to the 9th Circuit YouTube channel, Vandyke argued that other judges in the Court of Appeal said that “basic familiarity with firearms lacked basic knowledge of firearms to understand the obvious tolerability of the tests proposed when California voted on Thursday at a 7-4 margin to support the ban.
Dressed in a judicial robe, Bandique continued to show his personal firearm mechanism for several minutes.
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23-55805 opposite video Duncanv. Bonta: Judge Lawrence Vandice of the Ninth Circuit criticized his colleagues for “basic misconceptions about how firearms work” after upholding magazine restrictions.
“As an appeals group, it's clearly not our role to make a de facto decision,” Vandice said in the video. “So I'll share this to compensate for the factual record that we're using to determine this case. Instead, my rudimentary understanding of how guns were made, sold, used and modified in general is clear about the proposed tests in California and the reasons my colleagues are adopting today.”
Vandyke went on to say, “I can explain this all in writing,” but it's far more effective to simply show what he means by demonstrating it.” He also said that for safety purposes, “were made all guns and gun parts unworkable” for video demonstrations.
Vandyke challenged California's argument that magazines that hold more than 10 rounds of ammunition are not arms protected by the second modification, but rather guns play an important role in the functioning of guns, like the guns themselves.
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Attack weapons and handguns were on sale in Springfield, Illinois on January 16th, 2013. (AP Photo/Seth Perlman, file)
Vandyke asked a California lawyer if the reason used to justify banning these types of magazines could also be applied to semi-automatic firearms. He argued that the logic behind the magazine's ban could extend to a total ban on semi-automated one, suggesting that it would be a broader and more extreme infringement of the second amendment right.
“I don't think we can ban all semi-automatic weapons,” the California lawyer said in the discussion. “The point I was just doing is that we have a difference of opinion on accessories.”
“That's important because your argument will turn on whether or not you can characterize accessories,” replied Van Dyke. “So, I'd say that revolvers vs semi-automatic is not an accessory, but magazines are accessories. So, what do you think of it like a red dot sight?
“Your honor, I'm not familiar with it,” the lawyer replied. “And I would like to answer this question and make sure I save time for the rebuttal,” the state lawyer said in the matter it is whether it is essential to exercise the right of self-defense as an accessory.
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The AR-15-style rifle is available for sale at gun stores. (Reuters/Bing Guang) (Reuters/Bing Guang)
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To her Many opinions, Clinton's appointee Judge Marsha Belzon wrote that Vandice's video was “very inappropriate” and “essentially appointed himself as an expert witness in this case.”
In 2016, the California Legislature passed Senate Bill 1446, banning the ownership of so-called “large capacity” magazines, or magazines that hold more than 10 rounds from July 1, 2017. The bill also fined those who failed to comply with the ban.
In late 2016, Proposal 63 was approved by California voters. California voters incorporated the provisions of Senate Bill 1446, but added criminal penalties for illegal possession of large-capacity magazines since July 1, 2017.
