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WATCH: Trump-appointed judge chides colleagues' ignorance on guns in unique video dissent

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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. 

SCHOOL CHOICE ACTIVISTS WARN PARENTS ABOUT BLUE STATE’S HOMESCHOOL BILL WITH JAIL-TIME PROVISION

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.

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“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

 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)

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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.

TRUMP SURROGATE CORRIN RANKIN PICKED TO LEAD BLUE STATE’S GOP: ‘MAKE CALIFORNIA GREAT AGAIN’

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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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Montana

Montana State Prison Expansion Advances as State Officials Tour New Housing Unit – Correctional News

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Montana State Prison Expansion Advances as State Officials Tour New Housing Unit – Correctional News


Prefabricated cells were placed in the new housing units in April as part of an ongoing expansion project at the Montana State Prison. | Photo Credit: Montana Department of Corrections
  • Officials say a major expansion at Montana State Prison near Deer Lodge is moving forward, with one of three new housing buildings nearing completion.
  • The project is expected to add about 1,000 beds as Montana continues to address overcrowding and the use of out-of-state placements.
  • Montana Department of Corrections Director Eric Strauss said the additional capacity will allow Montana to return incarcerated people currently held out of state.
  • The expansion is scheduled for completion in January 2029 and is part of nearly $700 million budgeted for prison system improvements.

DEER LODGE, Mont. — Construction on a major expansion at Montana State Prison is progressing, with one of three new housing buildings taking shape at the facility outside Deer Lodge.

State leaders toured the site in mid-April, describing the project as a key step toward easing overcrowding and reducing Montana’s reliance on out-of-state placements for incarcerated people.

Officials said the expansion will add about 1,000 beds. Montana Department of Corrections Director Eric Strauss told reporters that roughly 600 Montana inmates are currently housed out of state and more than 50 are being held in county detention facilities as the state manages crowding pressures. Once the project is finished, incarcerated people held elsewhere will be returned to Montana, according to Strauss.

Strauss said there is “no question” that bringing people back to Montana will help those in custody and their families, according to an article from the Daily Montanan.

The prison expansion, being led by contractor Sletten Construction, broke ground in April of 2025 and is slated for completion in January 2029. It is part of nearly $700 million budgeted to improve Montana’s prison system, with funding coming from the state general fund through appropriations approved by the 2023 and 2025 Montana Legislatures.

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During the recent visit from officials, crews were active on site and masonry was complete on one of the main facilities. Corrections officials said some incarcerated people at Montana State Prison have contributed to construction work.

Inside the first building, walls and a roof were in place, along with ductwork. The first new prefabricated cells — assembled offsite and trucked in — were placed in the new housing units on April 8, according to an update from MDOC, with each cell including two beds, a sink and a toilet.

Scott Eychner, who oversees rehabilitative services for the Department of Corrections, said the added classroom, office and activity space is expected to support programming. He also said the layout could help staff move incarcerated people more efficiently when staffing levels are strained.

The project also includes developing plans for water system enhancements outside the fence to support and complement the ongoing facility expansion. Strauss addressed water-system concerns after a pipe break last year, noting the department “learned a lot” from the October 2025 incident. Officials said crews have replaced lines to water tanks, installed flow meters and mapped plans for broader system replacement.

This article is based on reporting originally published by the Daily Montanan on April 15, 2026.

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New Mexico

New Mexico primary election early voting begins May 5

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New Mexico primary election early voting begins May 5


Early voting for the 2026 New Mexico Primary Election begins Tuesday, May 5.

Residents can vote at county clerks’ offices until May 16, at which point more early voting locations open.

The Primary Election is on June 2.

Key races in New Mexico Primary Election?

Several state races have a crowded primary field including Democrat candidates for the U.S. Senate and House of Representatives, governor and the state Legislature. Local races in Doña Ana and Otero County for sheriff and the Board of County Commissioners.

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Who can vote in New Mexico Primary Election?

New Mexico has semi-open primary elections, which means voters who are not registered with a qualified political party may participate in the election by selecting which major party’s ballot they want to vote on without changing their voter registration.

Voters who have not registered with a qualified party can participate by selecting a major party’s ballot and vote.

Registration status, voting locations and sample ballots can be viewed at the New Mexico Secretary of State website.

Where to vote in Doña Ana County

Early voting at the Doña Ana County Government Center, 845 N Motel Blvd., Las Cruces, will begin from 8 a.m. through 5 p.m. Monday through Friday on May 5 until May 29, and from 10 a.m. through 6 p.m. on Saturday, May 30.

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Alternate site early voting locations will begin at 11 a.m. on May 16 and run through May 30 from Tuesday through Saturday.

The alternate site locations in Doña Ana County are:• Anthony Library (750 Landers Road, Anthony)• HVPS Student Services (350 Main Street, Hatch)• Doña Ana County Community College (755 Prescott Anthony Drive, Chapparal)• Doña Ana County Community College (800 Sonoma Ranch Blvd., Las Cruces)• Doña Ana County Community College (3365 McNutt Road, Sunland Park)• Las Cruces City Hall (700 N. Main Street, Las Cruces)• Mesilla Town Hall (2231 Avenida de Mesilla, Mesilla)• Corbett Center Student Union (1600 International Mall, Las Cruces)

Same day registration will be available at the Doña Ana County Government Center during early voting and all absentee ballots may be returned to the County Clerk’s Office or any Election Day polling location no later than 7 p.m. on Election Day.

Where to vote in Otero County

Early voting at the Otero County Clerk’s sub-office, 1101 New York Avenue, Room 101, will begin from 8 a.m. through 5 p.m., Monday through Friday on May 5 until May 29, and from 8:00 a.m. to 5:00 p.m. on Saturday, May 30.

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Alternate site early voting locations will be staggered beginning on May 16 at 11 a.m. and run through May 30.

The alternate site locations in Otero County are:10 a.m. to 6 p.m. May 16 through May 30Otero County Fairgrounds (401 Fairgrounds Road, Alamogordo)

8:00 a.m. to 5:00 p.m., May 27 through May 29Inn of The Mountain Gods (287 Carrizo Canyon Road, Mescalero)

8:00 am to 5:00 p.m., May 28 through May 30 Chaparral Far South Fire Station (827 Luna Street, Chaparral)



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Oregon

Oregon Gov. Kotek, state leaders preview 2026 wildfire season

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Oregon Gov. Kotek, state leaders preview 2026 wildfire season


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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