10th Circuit Court Temporarily Halts New Mexico’s Gun Purchase Waiting Period
On Tuesday, a panel of three judges from the 10th U.S. Circuit Court of Appeals issued a decisive ruling indicating that a seven-day waiting period imposed on gun purchases in New Mexico likely violates the Second Amendment. This decision will temporarily suspend the law while it undergoes further legal scrutiny.
The panel’s ruling sends the case back to a lower court, which will determine the future of the New Mexico Waiting Period Act, initially enacted in May 2024. Notably, this law includes exceptions for individuals with concealed carry permits.
Judicial Perspectives
Judge Timothy Tymkovich, writing on behalf of the majority in a 2-1 decision, stated, “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 judges concluded that the waiting period likely represents an unconstitutional infringement of citizens’ Second Amendment rights.
In contrast, Judge Scott Matheson dissented, suggesting that the waiting period constitutes a reasonable condition on the commercial sale of firearms that does not serve harmful purposes. He leaned on a previous ruling where the court overruled an injunction against a Colorado law that raised the minimum purchase age for firearms to 21, asserting that constraints on commercial firearm sales face different legal standards than ownership restrictions.
Context and Implications
The National Rifle Association (NRA) and the Mountain States Legal Foundation initiated the lawsuit against New Mexico’s law, representing two residents who argued that the waiting period delays necessary access for individuals at risk of domestic violence among other concerns.
New Mexico’s Democratic Governor, Michelle Lujan Grisham, expressed her disappointment with the ruling, noting, “New Mexico’s waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights.” She emphasized that the law is designed to mitigate impulsive acts of violence and offers exceptions for law enforcement and immediate family transactions.
It remains uncertain if the state authorities will pursue a more extensive review from a majority of the judges on the 10th Circuit Court of Appeals.
Comparative Waiting Periods for Gun Purchases
| State | Waiting Period (days) |
|---|---|
| New Mexico | 7 |
| California | 10 |
| Hawaii | 14 |
| Washington | 10 |
| Rhode Island | 7 |
Both New Mexico and Colorado have implemented various policies to regulate firearm access, including “red flag” laws that allow courts to temporarily confiscate guns from individuals deemed a threat. In 2023, Governor Lujan Grisham enacted measures suspending the right to carry firearms in public parks, a response to violence in the state.
The recent ruling may have broader implications as other states with similar laws await the resolution of this legal challenge. Michael McCoy of the Mountain States Legal Foundation applauded the court’s decision, indicating that it serves as a vital step in contesting restrictive gun laws nationwide.
