Great news for New Mexico gun owners — and another win for the Second Amendment! A federal judge has finally killed the state's unconstitutional seven-day waiting period, ruling it violates the right to keep and bear arms.
Here's what happened: New Mexico pushed through this useless waiting period back in 2024. Even if you passed your background check instantly — proving you're a perfectly legal, non-prohibited buyer — the state still made you wait a week before picking up your firearm. That's not public safety; it's just red tape punishing honest citizens.
The NRA, Mountain States Legal Foundation, and the National Shooting Sports Foundation didn't waste any time. They filed suit the same day the law took effect, representing plaintiffs Samuel Ortega and Rebecca Scott.
The Tenth Circuit Court of Appeals already ruled in August 2025 that the waiting period is unconstitutional — calling it a "modern invention" with no historical basis in American firearm tradition. The state tried to get a rehearing, but that was denied in December 2025.
Now the district court has entered final judgment, meaning the law is officially dead. As NRA-ILA Executive Director John Commerford put it: "A right delayed is a right denied." Couldn't have said it better myself.
This ruling follows the landmark Bruen decision from 2022, which requires courts to look at our nation's historical tradition of firearm regulation. Cooling-off periods? Never been part of that tradition. They don't make us wait for our First Amendment rights, so why should we wait for our Second?
The state could try to appeal to the Tenth Circuit again, but they've already lost twice. It's time to move on and respect the Constitution.
As a shop owner, I've seen firsthand how these laws frustrate law-abiding customers who've already jumped through every hoop. Passing a background check should be the finish line, not the start of a waiting game.