SF 9th Circuit judge releases YouTube video handling guns in chambers over 2nd Amendment case

SAN FRANCISCO (KGO) -- A federal appellate judge with the 9th Circuit is coming under fire for posting a YouTube video in a Second Amendment case.

The judge --who was appointed by President Donald Trump--released the video of himself with guns.

That's sparked some pushback.

An unusual 18-minute video just released this week showed Judge Lawrence VanDyke-- of the 9th Circuit --in his judicial robes, in his office, handling several guns.

He pulled out half a dozen firearms and disassembled them.

Judge VanDyke said he released the YouTube video while a decision was pending on a case --in order to convey how guns work.

"It occurred to me that in this instance, showing is much more effective than telling," said VanDyke.

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VanDyke dissented against his colleague's decision to uphold California's ban on magazines that hold more than 10 rounds of ammunition.

VanDyke said he made the video because his colleagues "lack the basic familiarity with firearms."

His colleague on the bench, Judge Marsha Berzon, said the video was "wildly improper."

Legal expert Steven Clark explained what's so troubling.

"The judge appointed himself an expert in a case before his court. Not only did he do that, but he did also it in a very public way on social media and basically bad-mouthed the other judges in the 9th Circuit saying they don't understand this issue," said Clark.

Clark said VanDyke became his own expert in a case he was deciding and introduced more evidence to the case with the YouTube video.

"Judges are not allowed to do that. Judges are there to call Balls and Strikes. They are not there to create evidence in a case before them," said Clark.

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Clark said the video becomes a conflict of interest for the judge in the 9th Circuit-- when it comes to Second Amendment rights

Will the judge be censured for his conduct?

"It was not illegal. But the question was--does it violate judicial canons of ethics?" said Clark. "You may see as a result of this, changes in how judges can conduct themselves. I think other judges will react and say to themselves, 'what occurred here is not appropriate.' We all have our private opinions, we all have our hobbies and what we like to do, but that does not mean we become experts in cases that are before us," said Clark.

The 9th Circuit declined to comment. VanDyke did not respond.

The judges decided 7-4 in favor of the State of California's ban on the large magazines.