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WATCH: Trump-appointed judge chides colleagues' ignorance on guns in unique video dissent
Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit, appointed by President Donald Trump during his first term, issued a unique dissenting-opinion video when his colleagues voted to uphold a California ban on magazines that hold more than 10 rounds of ammunition.
In an 18-minute video uploaded to the Ninth Circuit’s YouTube channel, VanDyke argued that the other judges on the appellate court lacked “the basic familiarity with firearms to understand the inherent shortcomings and obvious inadmissibility of the test that California was proposing” when they voted by a 7-4 margin Thursday to uphold the ban.
Dressed in his judicial robes, VanDyke went on to show the mechanics of his personal firearms for several minutes.
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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.
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Assault weapons and handguns are seen for sale at Capitol City Arms Supply on Jan. 16, 2013, in Springfield, Ill. (AP Photo/Seth Perlman, File)
VanDyke asked California’s counsel whether the reasoning that was used to justify banning these types of magazines could also be applied to semi-automatic firearms, which hold more rounds than older weapons, like muskets. He argued that the logic behind banning magazines could extend to banning semi-automatics altogether, which he suggested would be a broader and more extreme infringement of Second Amendment rights.
“I don’t think that we could ban all semi-automatic weapons,” California’s attorney for the case said in the discussion. “The point I was just making is, with respect to accessories, I think we have a difference of opinion.”
“That’s important, because your argument turns on whether you can characterize accessories,” Van Dyke responded. “So, you would say that the revolver versus semi-automatic is not an accessory, but that, but that a magazine is an accessory. So, what would you think about like a red dot sight? You know, electro optics, which are, which many, many firearms are going to, electronic optics nowadays? They’re obviously an accessory, because you could have iron sights. Could you ban those?”
“Your Honor, I’m not intimately familiar with that,” the counsel responded. “And I do want to answer this question and make sure that I save time for rebuttal.” The state’s attorney went on to say that at issue is whether, as an accessory, it is essential to exercising the right to self-defense.
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AR-15 style rifles are displayed for sale at a gun store. (REUTERS/Bing Guan) (Reuters/Bing Guan)
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.
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SALEM, Ore. (KATU) — As Oregon approaches the summer months, Governor Tina Kotek and other state agency leaders are preparing for wildfire season.
On Tuesday morning, Gov. Kotek joined the Oregon State Fire Marshal, the heads of departments like forestry and emergency management, and public utility spokespeople to discuss the 2026 wildfire season.
They will also be taking questions from reporters – you can watch the full press conference here:
The governor and departments that fight wildfires also gave a tour of the equipment they use in the field when battling blazes across the state.
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This is a developing story; updates will be posted as information comes in.
LEHI, Utah (Amazing America) — Featuring over one million blooming flowers, including about 400,000 tulips imported from Holland, the Thanksgiving Point Tulip Festival is one of the largest, most popular springtime events in the U.S., held each year at Ashton Gardens in Lehi, Utah.
The festival runs for about six weeks, usually from early April until mid-May. This year’s celebration concludes on May 16, so there’s still time to see the beautiful blooms.
Throughout the course of the festival, new flowers are always blossoming — and not just tulips. Visitors can admire daffodils, poppies, hyacinths and more.
Each year, tens of thousands of people flock to the festival from all over. What really sets Thanksgiving Point apart is that every October, the team redesigns bloom patterns and plants new bulbs, making for a completely fresh experience for visitors each year.
The Thanksgiving Point Tulip Festival is filled to the brim with the sights, scents and sounds of spring. It’s a must-visit for all flower enthusiasts, but there’s really something for everyone to enjoy, including sweet and savory treats, live music on select days, interactive classes and tours, and plenty of unique photo opportunities.
Timed entry tickets are required, and prices range from $17 to $29. Children two and under enter for free. The festival is typically open Monday through Saturday from 9 a.m. to 8 p.m. and closed on Sunday. For more information, click here.
We know there are plenty of other stories of unique landmarks and cultural experiences in all corners of the USA, and we’re making it our mission to find and highlight them. If you know of one, we’d love to hear about it. Send a DM to @amazingamericatv on Instagram!
For more amazing stories, click here to subscribe to Amazing America on YouTube and follow us on Instagram, TikTok, and Facebook.
Protester scales Washington DC bridge, stays for days
A demonstrator protesting the war in Iran and the use of artificial intelligence climbed Frederick Douglass Bridge, and stayed for days.
Despite saying he would “soon” come down, a protester has remained on top of the Frederick Douglass Memorial Bridge in Washington, DC since May 1, impacting traffic and extending a dayslong standoff with police.
Guido Reichstadter climbed the 168-foot bridge Friday, then draped a black banner and set up a tent while making the bridge his home for the past four days.
Here’s what to know about Reichstadter’s protest and how it is affecting locals in the nation’s capital.
Why is there a man on top of the Frederick Douglass Memorial Bridge?
After Reichstadter climbed the bridge Friday, he identified himself as a protester, writing on X that he was “calling on the people of the United States to bring an immediate end to the Trump regime’s illegal war on Iran and the removal of the regime power through mass nonviolent direct action and non-cooperation.”
He has posted on X throughout his protest, reminding his followers of his cause as he thwarts attempts from the DC police to bring him down.
“The Trump regime occupying the office of the US executive is prosecuting a criminal war of aggression against the nation of Iran, enabled by the refusal of Congress to assert its constitutional power, and by the continued submission of the majority of the US population to this intolerable state of affairs without effective civil resistance,” he wrote on X, saying it’s the public’s responsibility to nonviolently put an end to Trump’s presidency.
Reichstadter said May 4 he hasn’t eaten for days, but previously told NewsNation he went on a 30-day hunger strike while protesting AI outside the Anthropic headquarters.
He has run out of water, however.
“I’ve got the stamina to stay up here a bit longer,” he told WTOP Monday.
What impact is the protest having in Washington, DC?
Reichstadter’s protest has caused lanes to shut down on the Frederick Douglass Memorial Bridge, but lanes had reopened for traffic late Monday morning.
Tuesday morning, all lanes were open for traffic, but the pedestrian walkway was closed, according to the Metropolitan Area Transportation Operations Coordination (MATOC) Program.
If he stays on top of the bridge into Tuesday night, it’s unclear how his protest could impact people traveling nearby to the Washington Nationals game.
“My efforts here have had impacts on the local community and its people, and it is my desire not to harm but to work in communication, to lift up and to contribute what strength I can to the ongoing struggle for rights and freedom which this community has been engaged in for years,” Reichstadter said Sunday.
Police said Monday that their negotiators will remain on the scene.
Mike Stunson is the DC Connect reporter for the USA TODAY Network.
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