New Mexico Gun Waiting Period Law Struck Down
Federal Court Holds that New Mexico Gun Waiting Period Law Is Unconstitutional
The U.S. District Court for the District of New Mexico has granted summary judgment and entered final judgment holding New Mexico’s seven-day firearm waiting period unconstitutional in Ortega v. Grisham. The case was brought by the National Rifle Association and Mountain States Legal Foundation (MSLF), in partnership with the National Shooting Sports Foundation (NSSF).
Enacted in 2024, the New Mexico law requires purchasers to wait seven (7) days before taking possession of a newly purchased firearm — even after immediately passing a federal background check confirming they were not prohibited from owning firearms. The NRA and MSLF filed suit the day the law took effect, filing on behalf of plaintiffs Samuel Ortega and Rebecca Scott. See: USACarry.com Report.
History of Legal Challenge to New Mexico Waiting Period Law
On August 19, 2025, the U.S. Court of Appeals for the Tenth Circuit held that New Mexico’s gun waiting period violates the Second Amendment. The court ruled that the right to keep and bear arms includes the lawful acquisition of arms and that “cooling-off” periods are a modern invention unsupported by the nation’s historical tradition of firearm regulation. On December 22, 2025, the Tenth Circuit denied the State’s petition for rehearing en banc.
After the case returned to the District Court, New Mexico’s lawyers argued that the Court was not bound by the Tenth Circuit’s decision and the NM waiting period law should be allowed to stand. However, District Judge James O. Browning concluded that the court was bound by the Appellate ruling and granted judgment to the plaintiffs on Thursday, August 27, 2026.
John Commerford, NRA-ILA Executive Director, praised the outcome in this case: “The NRA’s legal team has secured another historic victory by striking down New Mexico’s unconstitutional waiting-period law. A right delayed is a right denied, and the court correctly held that forcing law-abiding citizens to wait after passing a background check cannot be squared with the Second Amendment. Under New York State Rifle & Pistol Association v. Bruen, the NRA’s landmark 2022 case, waiting period laws like this fail because they have no analog in the nation’s historical tradition of firearm regulation.”
This video covers the December 2025 Ortega v. Grisham decision by the 10th Circuit Court of Appeals, which held New Mexico’s gun waiting period laws to be unconstitutional. After seeing the law struck down by a 3-judge panel of the 10th Circuit, the State of New Mexico appealed to the full en banc panel. But 10 of the 12 judges in that Court have denied that request. The case was then send back to the District Court, which issued its Summary Judgment and Final Judgment last week.
Read the full court opinion (PDF)
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Tags: 10th Circuit, New Mexico Law, Ortega v. Grisham, Second Amendment
