The end of 2025 saw a ringing defeat for New Mexico’s controversial seven-day waiting period to complete a firearm transfer.
The 10th Circuit Court of Appeals out of Denver denied state officials’ petition for an en banc rehearing of the lawsuit. The plaintiffs in Ortega v. Griffin, brought by the National Rifle Association and the Mountain States Legal Foundation, challenged the mandate that law-abiding citizens must wait a week to complete a constitutionally protected transaction.
In doing so, the court upheld an earlier ruling that the 2024 state law violated the Second Amendment.
10th Circuit rules that the Second Amendment does not allow arbitrary waiting periods
“Cooling off periods infringe on the Second Amendment by preventing the lawful acquisition of firearms,” the Court declared. “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.”
The appeals court further concluded that the law “is likely an unconstitutional burden on the Second Amendment rights of its citizens.”
New Mexico officials must decide if they are going to continue to defend their failed gun control policy
Of course, anti-gunners are upset that yet another roadblock between citizens and the right to keep and bear arms has been eradicated—for now.
Miranda Viscoli of the gun control group New Mexicans to Prevent Gun Violence said in a statement that the setback for her cause would harm public safety. “That’s frustrating, because this law was about preventing impulsive acts of violence and protecting New Mexico families.”
The 10th Circuit ruling also applies to Colorado, Kansas, Oklahoma, Utah, and Wyoming. There is no word on whether New Mexico officials plan to defend the statute further, and the decision’s dissenting opinions may provide a basis for further legal action.
But, as for now, the seven-day waiting period is dead.
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