10th Circuit Court Halts New Mexico’s Seven-Day Waiting Period for Gun Purchases

10th Circuit Stays New Mexico’s Gun Purchase Waiting Period

A three-judge panel from the 10th U.S. Circuit Court of Appeals made a significant ruling on Tuesday, placing a halt on New Mexico’s seven-day waiting period for firearm purchases. The court indicated that this law may violate citizens’ Second Amendment rights, and has referred the case back to a lower court for further proceedings.

Originally enacted in May 2024, the waiting period law includes exemptions for individuals with concealed carry permits. Judge Timothy Tymkovich, who authored the ruling, stated, “Cooling-off periods do not correspond with any historically recognized exceptions to the right to keep and bear arms, and impose unnecessary burdens on activities protected by the Second Amendment.” The decision came in a split 2-1 vote, with the majority asserting that the Waiting Period Act is likely unconstitutional.

Current Legislation Context

This ruling has implications not only for New Mexico but potentially also for Colorado, which enacted a similar three-day waiting period in 2023. This law has faced a legal challenge, yet a judge has permitted it to remain in effect while the case progresses. As both states fall under the jurisdiction of the 10th Circuit, the outcome of the New Mexico legal battle may influence gun purchase regulations in Colorado as well. The 10th Circuit advised that the lower court apply its injunction with caution, aligning with recent Supreme Court precedents.

In a dissenting opinion, Judge Scott Matheson argued that the waiting period serves a practical function in regulating the commercial sales of firearms without infringing upon constitutional rights. He referenced a past decision in which the 10th Circuit had overturned an injunction against Colorado’s law that raised the legal purchase age for firearms to 21. This ruling established that restrictions on commercial sales could have different standards compared to ownership rights.

Government Response

The lawsuit was initiated by the National Rifle Association (NRA) and the Mountain States Legal Foundation on behalf of two concerned New Mexico residents. These groups raised issues regarding the potential dangers posed by delays in accessing firearms, particularly for victims of domestic violence.

New Mexico Governor Michelle Lujan Grisham expressed “deep disappointment” with the court’s decision, suggesting that it could lead to increased violence. In her statement, she highlighted the carefully constructed nature of the waiting period law, which also includes provisions for law enforcement and family transactions. She emphasized, “Waiting periods prevent impulsive acts of violence and suicide, giving individuals the necessary time to assess their circumstances during crises.”

Waiting Periods Across the U.S.

According to the Giffords Law Center to Prevent Gun Violence, New Mexico’s waiting period ranks among the longest in the country, surpassed only by California, Hawaii, Washington, and the District of Columbia, which enforce waiting periods of up to 14 days. Rhode Island also implements a seven-day delay.

Michael McCoy, director of the Mountain States Legal Foundation’s Center to Keep and Bear Arms, praised the ruling, stating, “The court found no historical precedent for the law in question, which means New Mexicans can now purchase firearms without facing arbitrary delays.” Furthermore, NRA’s John Commerford noted the appeal court’s decision contributes to dismantling similar gun control laws throughout the nation.

Ongoing Measures and Recent Developments

Both New Mexico and Colorado have introduced various legislative measures aimed at restricting gun access, including “red flag” laws that allow for temporary firearm removals for individuals deemed a threat to themselves or others. Governor Lujan Grisham has also taken steps to suspend the right to carry firearms in public parks due to recent shootings in Albuquerque, where several children lost their lives. Additionally, a state emergency was declared to address rising crime rates and drug trafficking in northern New Mexico.