In an unusual concurrence to a ruling deeming pandemic gun store closures unconstitutional, Trump-appointee Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit penned an alternative opinion in an attempt to prove his criticisms of the circuit’s approach to Second Amendment challenges.

Three Republican-appointed members of the court, Judges VanDyke, Andrew J. Kleinfeld and Ryan D. Nelson, held that two California counties’ mandates that required gun stores and firing ranges, along with other businesses, to close during the early days of the pandemic violated the Second Amendment.