New Mexico Waiting Period Ruled Unconstitutional
By Gregory Kielma
N.M. Waiting Period Ruled Unconstitutional
N.M. Waiting Period Ruled Unconstitutional
The 10th Circuit Court of Appeals has determined that New Mexico’s waiting period law, which requires gun purchasers to wait seven days after completing payment and passing a background check, is unconstitutional.
HB 129, signed into law by Governor Michelle Lujan Grisham in 2024, established a seven-day waiting period for any gun buyer, except those holding a concealed handgun license, who successfully completes an FBI background check. The legislation also included an additional provision.
According to the law: “If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer.” Under existing federal law, if there is a NICS delay and no response within three days of the background check, the Federal Firearms Licensee (FFL) may choose to complete the transaction.
On August 19, a panel of three judges from the 10th Circuit Court ruled in Ortega v. Grisham that the law violated the Second Amendment. The lawsuit was filed by the National Rifle Association and the Mountain States Legal Foundation.
The court stated: “Cooling-off periods infringe on the Second Amendment by preventing the lawful acquisition of firearms. Cooling off periods do not fit into any historically grounded exceptions to the right to keep and bear arms and burden conduct within the Second Amendment’s scope. In this preliminary posture, we conclude that New Mexico’s Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens. We also conclude the other preliminary injunction factors are met and that Plaintiffs are entitled to an injunction.”