10th Circuit crushes MLG’s anti-gun law as unconstitutional

The U.S. Court of Appeals for the Tenth Circuit delivered a major blow to Gov. Michelle Lujan Grisham’s gun control agenda Tuesday, striking down New Mexico’s 2024 law that forced citizens to wait seven days before taking possession of a firearm.

In Ortega v. Grisham, the court found that the so-called “cooling-off” period likely violates the Second Amendment by blocking lawful citizens from acquiring arms even after they pass an instant federal background check. The majority opinion, authored by Judge Timothy Tymkovich, declared: “One cannot keep or bear arms if one cannot acquire them,” emphasizing that waiting periods are not supported by the nation’s historical tradition of firearm regulation.

The ruling reverses a lower court decision that had allowed the law to remain in place. The case was brought by Samuel Ortega, a retired law enforcement officer, and Rebecca Scott, both of whom attempted to purchase firearms and were denied immediate possession despite clearing background checks. Represented by former U.S. Solicitor General Paul Clement, the Mountain States Legal Foundation, and the NRA, the plaintiffs challenged the Waiting Period Act as an unconstitutional infringement.

The National Rifle Association celebrated the victory, declaring on social media:

“ NRA Victory! 10th Circuit holds New Mexico’s 7-day waiting period unconstitutional in Ortega v. Grisham, a case brought by NRA and @MSLF, with the support of @NSSF.”

The New Mexico Shooting Sports Association also hailed the outcome as a vindication for law-abiding citizens, who they argue were unfairly targeted by the governor’s “anti-gun crusade.”

The 2024 statute, signed by Gov. Lujan Grisham, mandated a seven-day delay for nearly all firearm purchases, regardless of whether the buyer immediately passed a background check. The law imposed no exceptions for citizens facing threats to their safety. Supporters, including national gun-control groups Brady and Giffords, argued the law would reduce suicides and impulsive acts of violence.

But the court found the opposite: blanket waiting periods are unconstitutional burdens that strip law-abiding citizens of their rights. Tymkovich compared the delay to unconstitutional restrictions on other fundamental liberties, noting that a one-week waiting period for publishing a news story or attending church would never survive judicial scrutiny.

Judge Scott Matheson dissented, claiming that under prior Tenth Circuit precedent, the law was a “presumptively lawful” condition on commercial sales. But the majority rejected that reasoning, ruling that New Mexico had “no historical analogue” to justify its law.

The decision sends the case back to the district court to determine the scope of injunctive relief. For now, however, the seven-day waiting period is effectively dead — a significant defeat for the governor and gun-control lobby, and a decisive win for New Mexico gun owners and the NRA.

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