US appeals court blocks New Mexico’s 7-day waiting period on gun
purchases
[August 20, 2025]
By MORGAN LEE
SANTA FE, N.M. (AP) — A panel of federal appellate judges ruled Tuesday
that New Mexico’s seven-day waiting period on gun purchases likely
infringes on citizens’ Second Amendment rights, putting the law on hold
pending a legal challenge.
The ruling by the 10th U.S. Circuit Court of Appeals sends the case back
to a lower court. New Mexico’s waiting period went into effect in May
2024, and does hold an exception for concealed permit holders.
“Cooling-off periods do not fit into any historically grounded
exceptions to the right to keep and bear arms, and burden conduct within
the Second Amendment’s scope,” wrote Judge Timothy Tymkovich in the
split 2-1 ruling. ”We conclude that New Mexico’s Waiting Period Act is
likely an unconstitutional burden on the Second Amendment rights of its
citizens.
In a dissenting opinion, Judge Scott Matheson said New Mexico’s waiting
period “establishes a condition or qualification on the commercial sale
of arms that does not serve abusive ends.”
The National Rifle Association and Mountain States Legal Foundation, an
advocacy group for gun rights, filed the lawsuit on behalf of two New
Mexico residents, citing concerns about delayed access to weapons for
victims of domestic violence and others.
Democratic state lawmakers had enacted the restrictions in hopes of
ensuring more time for the completion of federal background checks on
gun buyers.
In a statement, Democratic Gov. Michelle Lujan Grisham expressed “deep
disappointment” and said Tuesday’s ruling was likely to cost lives.
“New Mexico’s waiting period law was carefully crafted to minimize gun
violence while respecting Second Amendment rights,” said Lujan Grisham,
highlighting additional exceptions for gun purchases by law enforcement
officers and transactions between immediate family members. “Waiting
periods prevent impulsive acts of violence and suicide, giving people
time to step back and reassess their emotions during moments of crisis.”
It was unclear whether the governor and legislators would request a
broader review by a majority of judges on the 10th Circuit Court of
Appeals.
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Gov. Michelle Lujan Grisham, center, prepares to sign House Bill
129, as bill co-sponsor Rep. Andrea Romero, D-Santa Fe, left, clasps
her hands at West Mesa High School in Albuquerque, N.M., March 4,
2024. (Jon Austria/The Albuquerque Journal via AP, File)
Only California, Hawaii and Washington, along with the District of
Columbia — have longer waiting periods than New Mexico that range up
to 14 days, according to the Giffords Law Center to Prevent Gun
Violence. Rhode Island also has a seven-day wait.
Michael McCoy, director of the Mountain States Legal Foundation’s
Center to Keep and Bear Arms, applauded the ruling. The group is
also challenging Colorado’s minimum three-day waiting period for gun
purchases, enacted in 2023.
“The court found that there was no analogous law from that era that
would support the modern day law that’s at issue,” McCoy said. “For
now, it means New Mexicans can go buy their firearms without an
arbitrary delay imposed.”
John Commerford, executive director of the National Rifle
Association’s Institute for Legislative Action, said the appeals
court decision "serves as a key piece in dismantling similar gun
control laws across the country.”
Since 2019, Lujan Grisham has signed a raft of legislation
restricting access to guns, including a “red flag” law allowing a
court to temporarily remove guns from people who might hurt
themselves or others and restrictions on guns near polling places.
In 2023, Lujan Grisham suspended the right to carry guns at public
parks and playgrounds in Albuquerque in response to a series of
shootings around the state that left children dead.
In April, she declared a state of emergency in Albuquerque, saying
that a significant increase in crime warranted the help of the New
Mexico National Guard. And last week she declared a state of
emergency in response to violent crime and drug trafficking across a
swath of northern New Mexico in Rio Arriba County.
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