Court Says NO to New Mexico’s Gun Delay

Federal judges just struck down a New Mexico gun control law as unconstitutional, delivering a major win for Americans who defend their Second Amendment rights against government overreach.

Story Highlights

• The 10th Circuit Court of Appeals ruled New Mexico’s seven-day gun purchase waiting period likely violates the Constitution.
• The decision blocks enforcement of the law, restoring immediate firearm access for law-abiding citizens.
• This landmark ruling cites the Supreme Court’s Bruen decision, rejecting gun control measures lacking historical precedent.
• The case sets a new standard that could impact similar waiting period laws in other states.

Federal Appeals Court Blocks New Mexico’s Gun Waiting Period

On August 19, 2025, the 10th U.S. Circuit Court of Appeals ruled 2-1 against New Mexico’s seven-day waiting period for firearm purchases, declaring the law likely unconstitutional. The court’s majority stated that such “cooling-off” periods impose unjustified delays on citizens’ right to keep and bear arms—a right protected under the Second Amendment. The law, enacted in May 2024, required buyers to wait a week after passing background checks before taking possession of their firearm, with some exceptions for concealed carry permit holders.

New Mexico’s 7-Day ‘Cooling Off’ Period for Gun Purchases is Unconstitutional, Appeals Court Rules https://t.co/XTMJjw2c5Q

— Michael Clements (@Michael14933498) August 20, 2025

The plaintiffs, Samuel Ortega and Rebecca Scott, argued they needed immediate access to firearms for self-defense, including in situations involving domestic violence. Represented by the Mountain States Legal Foundation and the NRA, they filed suit the day the law took effect. Their legal challenge centered on the Supreme Court’s 2022 Bruen decision, which established that gun regulations must have a firm basis in the nation’s historical tradition. The appellate court agreed, with Judge Timothy Tymkovich writing that “cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms.”

Legal Precedent and Broader Implications for Gun Rights

This ruling not only blocks New Mexico’s law but also sets a precedent for other states within the 10th Circuit’s jurisdiction that have enacted or are considering similar waiting periods. The court’s decision underscores a shift in judicial scrutiny on gun regulations, requiring states to justify any new restrictions based on historical context, not contemporary policy preferences. The NRA and allied legal groups see this as a decisive victory, affirming that waiting periods and similar measures cannot stand without clear historical support.

For gun owners across the country, especially those in states with restrictive purchase laws, this decision signals renewed judicial skepticism toward modern gun control agendas. Immediate access to firearms is restored for buyers, including those who may face threats to their personal safety. Conversely, gun control advocates argue that waiting periods are essential for public safety, but the court found no historical precedent justifying such delays.

Political and Social Fallout: A Rejection of Government Overreach

The blocked law was championed by Democratic lawmakers and Governor Michelle Lujan Grisham as a public safety measure amid rising gun violence. However, the appellate court’s decision represents a significant check on legislative power, reaffirming that constitutional rights cannot be curtailed based on shifting political winds. The ruling also highlights the effectiveness of coordinated legal action by gun rights groups in defending individual liberties.

In the short term, gun dealers must adjust procedures to comply with the lifted restrictions, and law enforcement will halt enforcement of the now-blocked law. Politically, the decision emboldens Second Amendment supporters and places pressure on lawmakers in other states to reconsider sweeping gun control proposals. The case may eventually reach the Supreme Court, where the Bruen precedent will again shape the outcome. For now, the victory reinforces the constitutional limits on government attempts to erode core American freedoms.

Sources:

Appeals court blocks New Mexico’s 7-day waiting period for gun purchases, saying it violates 2nd Amendment
New Mexico gun waiting period blocked by appeals court
7-Day Waiting Period | New Mexico Department of Public Safety
Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case