Interestingly, one of the dissenting judges, VanDyke, put out a youtube video demonstrating how firearms magazines work as part of his dissent:
The non-dissenting judges didn’t appreciate that:
Judge VanDyke has in essence appointed himself as an expert witness in this case, providing a factual presentation with the express aim of convincing the readers of his view of the facts without complying with any of the procedural safeguards that usually apply to experts and their testimony, while simultaneously serving on the panel deciding the case
They used the “Not Arms” ruling to get around the second amendment. It’s the same ruling that was just used in the suppressors case. Now all the courts will be in sync with “Not Arms” defense to infringe on our rights, we will be hearing this a lot going forward. This is also what they are going to use in the “Assualt Weapons Ban” cases too. Flash hider = not arms, not protected, adjustable stock = not arms, not protected, bayonet lug = not arms, not protected. Mark my words.
Magazines, internal or external, are an integral part of the overall system called a firearm. You cannot operate a semi auto or even a lever action, without a magazine. Just because it is detachable, it does not mean it is not a part of the firearm.
Do you want a sure-fire way to be significantly more accurate in handing down rulings than the circuit courts? Would you like to be able to do this without even attending law school or spending years gaining experience and greasing palms in order to gain a lucrative position as a circuit court judge?
They can ban anything, triggers, barrels, grips, whatever they deem is an “accessory”
All the 9th has done is rationalize their position that a detachable magazine is not permanently affixed to the firearm making it an accessory, totally neglecting the fact that it is an integral part of an overall system that will not function as designed without it.
Are batteries an accessory to cordless devices? is a rechargeable battery for a screw gun an accessory? NO, it is an integral part of a an electromechanical system. It will not operate without the battery pack the same way that an AR will not function as intended without a detachable magazine loaded with ammo.
Is the internal magazine of a Springfield 1903A3 an accessory or an integral part of the entire system called a rifle? Is an enblock clip that is inserted into an M1 Garand an accessory or is it an integral part of a system?
The test of accessory or not an accessory is; Will a system function as designed without it. a mean looking clip on skull face magwell adornment is an accessory because the rife will operate as designed without it.
Furthermore, accessory is totally subjective. On a standard M4, a vertical foregrip is an accessory, however, on an “other” AR platform firearm, the vertical foregrip is what makes it NOT a pistol, therefore it is a necessary and integral part of that overall system
This is the ruling we’ve been waiting for. SCOTUS will be forced to decide on such a wide reaching opinion as presented. Theyre not going to be happy that by and large not a single firearm expert would declare such a fact as true. Coupled with the capacity issue? They might be ticked off enough to throw the full force of bruen and heller at it.
