Appeals court in US halts enforcement of New Mexico's seven-day waiting period for firearm acquisitions.
In a landmark ruling on August 19, 2025, the 10th US Circuit Court of Appeals declared New Mexico's seven-day waiting period for most firearm purchases unconstitutional under the Second Amendment.
The ruling, penned by Judge Matteson Tymkovich in a split 2-1 decision, concludes that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens. The law, which went into effect on May 15, 2024, was intended to reduce gun violence by requiring buyers to wait seven days before taking possession of a firearm, with certain exceptions including concealed carry permit holders and law enforcement.
The ruling states that cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms. The court held that the law infringes on the right to timely firearm acquisition, a modern restriction unsupported by historical firearm regulation traditions.
Two New Mexico residents have sued against the state's gun waiting period, expressing concerns about delayed access to weapons for victims of domestic violence and others. The case is now on hold pending a legal challenge.
Democratic Gov. Michelle Lujan Grisham had promised that the new law would help to curb a crime crisis in the state. However, the 10th Circuit panel found no historical analogue for such waiting periods and concluded they violate constitutional rights to timely firearm acquisition.
The ruling sends the case back to a lower court. The decision affects states within the 10th Circuit jurisdiction (New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma) and could influence challenges to similar waiting periods elsewhere, such as Colorado's three-day waiting period currently under legal challenge.
The New Mexico waiting period was enacted by Democratic state lawmakers with the intention of ensuring more time for federal background checks on gun buyers. The suing residents argue that the waiting period poses a risk to public safety by delaying access to weapons for law-abiding citizens who may need them for self-defense.
The ruling comes at a time when gun control debates are at the forefront of American politics. As the case progresses, it will be interesting to see how it impacts gun laws across the United States.
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