The 10th Circuit struck down New Mexico’s seven-day gun purchase waiting period as unconstitutional.
Story Snapshot
- Federal appeals court blocks New Mexico’s law mandating a seven-day waiting period for gun purchases, citing Second Amendment violations.
- The ruling references the Supreme Court’s Bruen decision, requiring gun regulations to align with historical tradition.
- Plaintiffs argued the law delayed lawful self-defense, especially for domestic violence victims.
- This decision sets precedent that could impact similar laws across other states within the 10th Circuit.
Federal Court Halts New Mexico’s Seven-Day Gun Waiting Period
On August 19, 2025, the U.S. Circuit Court of Appeals for the 10th Circuit ruled in a 2-1 decision that New Mexico’s law requiring a seven-day waiting period for gun purchases is likely unconstitutional. The law, enacted in May 2024, forced buyers to wait a full week before taking possession of firearms even after passing background checks. Plaintiffs Samuel Ortega and Rebecca Scott, represented by the Mountain States Legal Foundation and NRA, argued this delay violated their rights and put domestic violence victims at risk by hindering immediate access to self-defense tools.
New Mexico’s 7-Day ‘Cooling Off’ Period for Gun Purchases is Unconstitutional, Appeals Court Rules https://t.co/Y7ju8yhW5i
— William Vancil (@CPOWAAG) August 20, 2025
Governor Michelle Lujan Grisham signed House Bill 129 into law in March 2024 as part of a broader Democratic push for stricter gun control. The measure faced immediate legal challenges, with gun rights advocates citing the Supreme Court’s 2022 Bruen decision, which demands that any firearm regulation be justified by the nation’s historical tradition. The law did include an exception for concealed carry permit holders but imposed the waiting period broadly on other lawful buyers. The appellate court’s decision blocks enforcement, pending further litigation in lower courts.
Watch: New Mexico lawmakers react to judges’ decision on waiting period for gun purchases
The Bruen Standard and Its Impact on Gun Control Laws
The court’s decision relied heavily on the Bruen precedent, which requires that modern gun regulations mirror historical practices. Judge Timothy Tymkovich, writing for the majority, rejected the “cooling-off” rationale often cited for waiting periods, stating such delays are not rooted in America’s legal tradition. Gun rights groups hailed the ruling as a landmark defense of Second Amendment freedoms, arguing that arbitrary delays for law-abiding citizens undermine both self-defense and constitutional protections. The dissenting judge, Scott Matheson, claimed the law was a reasonable public safety measure, but his view did not prevail.
The outcome has broader implications beyond New Mexico. Because the 10th Circuit covers multiple states, similar waiting period laws in the region are now vulnerable to legal challenge. The NRA described the decision as a major victory and a potential turning point for gun rights nationwide.
Impacts on Self-Defense, Family Safety, and Gun Rights Advocacy
In the short term, New Mexico residents may legally acquire firearms without unnecessary delays, a crucial change for those seeking weapons for immediate self-defense, including victims of domestic violence. Gun dealers and law enforcement agencies must now adjust compliance procedures accordingly. The ruling has triggered renewed debate between supporters of individual liberty and advocates for stricter gun control, with political ramifications likely to shape legislative strategies in other states.
Economically, gun sales are expected to rise as barriers to legal ownership fall. Socially, the decision reignites the broader national conversation over balancing gun violence prevention with constitutional rights. For conservative Americans, this outcome represents a strong rebuke to perceived government overreach and a reaffirmation of core values—limited government, individual liberty, and the right to self-defense.
Sources:
Appeals court blocks New Mexico’s 7-day waiting period gun purchases, saying violates 2nd amendment
New Mexico gun waiting period blocked appeals court
NM Department of Public Safety: 7-day waiting period
Tenth Circuit holds New Mexico’s 7-day waiting period unconstitutional in NRA case
