The United States Court of Appeals for the 10th Circuit has refused to rehear a case that blocked the enforcement of a 7-day waiting period for firearms purchases in New Mexico.
In 2024, New Mexico enacted the New Mexico Waiting Period Act (WPA), a state law that mandated a 7-day “cooling off” period for nearly all firearm purchases. The state argued that these transfer delays were needed to reduce impulsive “gun violence” and suicides. Transfers between family members and concealed carry holders were exempt from the new law.
The new state law spurred legal challenges to the New Mexico WPA. One such case was Ortega v. Grisham. The plaintiffs claimed that the law levied an unconstitutional burden on potential gun owners. They cited no other constitutionally protected right that has a waiting period. There was also no historical justification for the law. Under the Bruen standard, if the conduct is protected by the Second Amendment’s plain text, the state must provide historical analogues from the founding era demonstrating that the law is consistent with the tradition and history of the nation’s firearms regulations. The state could not provide those examples, but the District Court denied the preliminary injunction anyway, leading the plaintiffs to appeal to the United States Court of Appeals for the 10th Circuit.
Click the link to read the whole article: 10th Circuit Blocking Waiting Period
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