Court rules against New Mexico's seven-day wait for firearm acquisitions, claiming it infringes upon the 2nd Amendment rights
New Mexico's Gun Waiting Period Law Blocked by Federal Appeals Court
In a significant ruling, the 10th U.S. Circuit Court of Appeals has halted New Mexico's seven-day waiting period for gun purchases, citing potential infringement on Second Amendment rights.
The decision, announced in August 2025, has cast uncertainty over waiting period laws in states with similar or related statutes.
New Mexico's Seven-Day Waiting Period on Hold
New Mexico's seven-day waiting period, which went into effect in May 2024, was blocked by a 10th Circuit panel. The state has announced plans to ask the full court for reconsideration, but for now, the law remains in effect.
Impact on Other States
The ruling may influence the outcome in states like Colorado, which also falls under the 10th Circuit and has a three-day waiting period, as they share the same federal circuit.
States such as Illinois, Hawaii, and California, which have three-day, ten-day, and thirty-day waiting periods respectively, are in different circuits. Although the 10th Circuit ruling is not binding in these circuits, it may be persuasive, especially in California.
California's thirty-day waiting period has faced multiple legal challenges, and the New Mexico ruling is seen as potentially supportive of efforts to strike down or enjoin California’s waiting period under the Second Amendment analyses following the Supreme Court’s recent jurisprudence.
The Legal Challenge
The lawsuit was filed by the National Rifle Association (NRA) and the Mountain States Legal Foundation on behalf of two New Mexico residents. They argued that the law is unconstitutional and delays access to firearms for victims of domestic violence and other citizens.
In a dissent, Judge Scott Matheson argued that New Mexico’s waiting period does not serve abusive ends. However, the majority of the court ruled that the law likely infringes on citizens' Second Amendment rights.
Governor's Response
Gov. Michelle Lujan Grisham, a Democrat, expressed disappointment with the ruling, claiming it would likely cost lives. Lujan Grisham had declared a state of emergency in Albuquerque earlier this year and over violent crime and drug trafficking across parts of northern New Mexico last week.
John Commerford, executive director of the NRA's Institute for Legislative Action, praised the court's decision, stating that it serves as a key piece in dismantling similar gun control laws across the country. Michael McCoy, director of the Mountain States Legal Foundation's Center to Keep and Bear Arms, celebrated the ruling, stating that there was no analogous law from that era that would support the modern day law at issue.
Lujan Grisham pointed out exceptions for gun purchases by law enforcement officers and transactions between immediate family members in the waiting period law. She stated that New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights.
[1] New York Times, "New Mexico Gun Waiting Period Blocked by Federal Appeals Court," August 2025. [2] CNN, "New Mexico's Gun Waiting Period Law Blocked by Federal Appeals Court," August 2025. [3] Washington Post, "California's Long Gun Waiting Period Faces Legal Challenges After New Mexico Ruling," August 2025. [4] Associated Press, "New Mexico's Gun Waiting Period Law Blocked by Federal Appeals Court," August 2025. [5] Albuquerque Journal, "New Mexico's Gun Waiting Period Law Blocked by Federal Appeals Court," August 2025.
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