In a major victory for Second Amendment rights, the Tenth Circuit Court of Appeals ruled that New Mexico’s seven-day waiting period for firearm purchases likely violates the Constitution.
New Mexico’s waiting period went into effect in May 2024, and does hold an exception for concealed permit holders.
Two New Mexico residents had sued, citing concerns about delayed access to weapons for victims of domestic violence and others.
The court’s decision, penned by Judge Timothy M. Tymkovich, emphasizes that such “cooling-off” periods infringe on the right to keep and bear arms by delaying lawful firearm acquisitions without historical precedent.
The ruling reverses a lower court’s decision, granting a preliminary injunction to plaintiffs challenging the law, which was enacted in 2024.
Hannah Hill, Vice President for the National Association for Gun Rights’ legal arm, broke down the whole ruling in an X thread, which can be read here.
Hill started out the thread with what could become some big news for Colorado residents:
“This is doubly fantastic news because we’re waiting on the district court to rule on our own challenge to Colorado’s 3-day waiting period. Colorado, you’re next for some long-overdue relief!”
New Mexico’s blanket restriction, applied to all buyers regardless of individual circumstances, oversteps Constitutional bounds, as it lacks roots in historical firearm regulations.
This decision reinforces the principle “a right delayed is a right denied,” setting a strong precedent for future challenges to similar laws.
Read more at the Washington Post.
