New Mexico 7-Day Gun Waiting Period Ruled Unconstitutional
A three-judge panel of the 10th U.S. Circuit Court of Appeals blocked New Mexico’s 7-day waiting period on firearm purchases. In the Ortega v Grisham case, the 10th Circuit panel ruled that the law infringes on Second Amendment rights. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct. The court noted that waiting periods are a modern invention that are unsupported by our nation’s historical tradition of firearm regulation. The case has been sent back to a lower court for injunction specifics. CLICK HERE for full 10th Circuit Decision.
Background: New Mexico enacted a law requiring a 7-day waiting period for firearm purchases. The law was challenged by the NRA and Mountain States Legal, arguing it infringed on the Second Amendment. The lawsuit cited concerns about delayed access to firearms for victims of domestic violence and other crimes.
After the Second Amendment victory in Ortega v. Grisham, John Commerford, NRA-ILA Executive Director, released the following statement:
“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights. 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.”
History of the case
On May 15, 2024, the NRA, in coordination with the Mountain States Legal Foundation, filed Ortega v Grisham, a lawsuit challenging New Mexico’s radical seven-day waiting period law.
On Monday, July 22, 2024, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait seven days before taking possession of any firearm they purchase.
Today, August 19, 2025, the 10th Circuit Court reversed and remanded this decision, ruling the law is unconstitutional and ordered a preliminary injunction to ensure the rights of law-abiding citizens are no longer infringed. The full ruling can be found HERE.
This ruling was based on the landmark NRA-backed Supreme Court case New York State Rifle & Pistol Association v. Bruen, which held that gun control laws are unconstitutional unless they are consistent with our nation’s historical tradition of firearm regulation.
