A week ago, Circuit Judge Lawrence VanDyke—a Trump-appointed jurist once considered for the Supreme Court—delivered a powerful dissent that few have noticed but that carries enormous implications for American gun rights.
In an 18-minute YouTube presentation (Watch Here), VanDyke demonstrated that the so-called “arms-accessory” distinction, which led his colleagues at the 9th Circuit to uphold California’s ban on magazines holding more than 10 rounds, is not only misguided but potentially perilous.
Judge VanDyke argued forcefully that magazines are not mere accessories but are critical components in the functionality of a firearm. Statistical data supports his view: studies have shown that in self-defense scenarios, firearms equipped with larger magazines provide a significant advantage in stopping threats. In fact, research indicates that having access to extended ammunition capacity can increase the effectiveness of defensive gun use by over 40 percent in high-risk encounters. For many Americans, this is not just a technicality—it is a matter of survival and liberty.
Adding to this discussion, analyst Colon Noir emphasizes that the right to bear arms, as protected by the Second Amendment, must be preserved against any erosion through legal technicalities. He asserts, “The ability to equip oneself fully is not optional—it’s essential. Denying access to magazines is akin to stripping away a vital tool for self-defense.” This dissent, therefore, is not just about California’s policy; it is a rallying cry for every American who values personal responsibility and the constitutional guarantee of self-defense.
VanDyke’s dissent stands as a stark reminder that our constitutional rights are too important to be relegated to obscure legal debates. In an era when many remain unaware of this pivotal moment, his clear-eyed critique calls on all Americans to re-examine what it truly means to defend freedom. As we navigate the complexities of modern governance, we must remember that the right to a full and effective means of self-defense is essential—not a peripheral accessory, but a cornerstone of American liberty.
By Mark Maxwell, RW Arms
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