Tenth Circuit Strikes Down New Mexico’s 7-Day Gun Waiting Period: Major Win for Second Amendment Rights
In a landmark blow to gun control advocates, a federal appeals court has ruled that New Mexico’s mandatory seven-day waiting period for firearm purchases likely tramples on the Second Amendment. This decision could ripple across states grappling with post-Bruen challenges, igniting fresh debates on gun rights and public safety.
The U.S. Court of Appeals for the Tenth Circuit, in a 2-1 decision issued August 19, 2025, reversed a lower court’s refusal to block the law in Ortega v. Grisham. Plaintiffs—everyday New Mexicans including a cancer survivor needing quick self-defense—argued the delay unconstitutionally burdens law-abiding citizens’ right to acquire arms. Backed by the NRA and Mountain States Legal Foundation, they hailed the ruling as a “major victory” affirming that waiting periods lack historical roots under the Supreme Court’s 2022 Bruen framework.
New Mexico’s law, enacted in 2022 amid a surge in gun violence concerns, requires a seven-day “cooling-off” wait after background checks for most purchases, even for those with clean records. Exemptions exist for law enforcement or immediate threats, but the court found it imposes a blanket hurdle on the “plain text” of the Second Amendment, which protects keeping and bearing arms—and implicitly, acquiring them. Judge Carolyn McHugh, writing for the majority, stressed that no Founding-era tradition supports universal delays; historical analogues like intoxication bans or discriminatory group restrictions don’t cut it, as they targeted specific risks rather than all buyers.
The panel slammed the measure as neither a “presumptively lawful” commercial sale condition—per Heller—nor tailored to modern safety needs without reviving banned interest-balancing tests. It applies to private transfers too, like gifting a heirloom rifle, further dooming its fit. The court greenlit a preliminary injunction, presuming irreparable harm from delayed rights and tipping equities toward constitutional fidelity over speculative violence reduction.
Dissenting, Judge Scott Matheson invoked the Tenth Circuit’s own Rocky Mountain Gun Owners v. Polis precedent upholding age-based sales limits as non-abusive regulations. He argued the waiting period merely ensures checks clear without presuming buyer unfitness, fitting Bruen’s “sensitive places” and commercial carve-outs. But the majority prevailed, remanding for an injunction—likely statewide, though scope details await district court tailoring.
Reactions poured in swiftly. New Mexico Gov. Michelle Lujan Grisham, a Democrat, blasted the ruling as ignoring Tenth Circuit precedent on youth sales bans and vowed an appeal, framing it as essential for curbing impulsive violence. NRA-ILA’s Lars Larson called it a “crushing defeat” for overreach, predicting doom for similar laws in California and New York. Legal scholars on X echoed the divide: pro-2A voices celebrated it as Bruen’s “next shoe dropping,” while control groups warned of bloodier streets without buffers.
For U.S. readers, this hits hard in a polarized landscape. With over a dozen states enforcing waiting periods amid 2025’s heated midterm gun debates, the decision bolsters challenges nationwide—potentially slashing red tape for hunters in Colorado or self-defense seekers in Texas. Economically, it could juice rural firearm markets by millions, per industry estimates, while politically, it fuels Republican pushes against “feel-good” regs that courts now scrutinize through 1791 lenses. Lifestyle-wise, it empowers immediate protection for vulnerable Americans, from domestic abuse survivors to urban dwellers, without blanket suspicion.
As Ortega heads back to district court, eyes turn to en banc review or Supreme Court certiorari. This isn’t just a New Mexico story—it’s a blueprint for dismantling modern gun curbs lacking colonial echoes, reshaping Second Amendment battles for years to come.
By Sam Michael
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