The U.S. Court of Appeals for the Tenth Circuit has ruled that New Mexico’s seven-day waiting period for firearm purchases is unconstitutional. The decision was issued on August 19 in Ortega v. Grisham, a case brought by the National Rifle Association (NRA) and Mountain States Legal Foundation, with support from the National Shooting Sports Foundation.
“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights,” said NRA-ILA Executive Director, John Commerford. “The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma, but serves as a key piece in dismantling similar gun control laws across the country.”
New Mexico’s law required buyers to wait seven days before taking possession of a newly purchased firearm—even after passing a background check.
Judge Tymkovich wrote for the court that the right to keep and bear arms includes lawful acquisition of firearms. The opinion stated that waiting periods such as New Mexico’s infringe on conduct protected by the Second Amendment and are not supported by historical traditions of firearm regulation.
The state presented historical examples like intoxication laws and licensing regimes to defend its statute. However, the court found these were not suitable comparisons because intoxication laws only restricted access during actual periods of intoxication rather than imposing an arbitrary delay; licensing systems do not presume everyone is dangerous until they have waited out a “cooling off” period; and targeted group restrictions historically had discriminatory foundations while New Mexico’s law applied broadly.
Following this ruling, the case will return to District Court for entry of a preliminary injunction against enforcement of New Mexico’s waiting period.
