The United States Court of Appeals for the 10th Circuit has refused to rehear a case that blocked the enforcement of a 7-day waiting period for firearms purchases in New Mexico.
In 2024, New Mexico enacted the New Mexico Waiting Period Act (WPA), a state law that mandated a 7-day “cooling off” period for nearly all firearm purchases. The state argued that these transfer delays were needed to reduce impulsive “gun violence” and suicides. Transfers between family members and concealed carry holders were exempt from the new law.
The new state law spurred legal challenges to the New Mexico WPA. One such case was Ortega v. Grisham. The plaintiffs claimed that the law levied an unconstitutional burden on potential gun owners. They cited no other constitutionally protected right that has a waiting period. There was also no historical justification for the law. Under the Bruen standard, if the conduct is protected by the Second Amendment’s plain text, the state must provide historical analogues from the founding era demonstrating that the law is consistent with the tradition and history of the nation’s firearms regulations. The state could not provide those examples, but the District Court denied the preliminary injunction anyway, leading the plaintiffs to appeal to the United States Court of Appeals for the 10th Circuit.
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In August, a three-judge panel from the 10th Circuit ruled that New Mexico’s 7-day “cooling off” period for gun purchases was likely unconstitutional because it denied a fundamental right protected by the Second Amendment. They agreed that the plaintiffs were likely to succeed on the merits of the case. The panel issued the preliminary injunction sought by the plaintiffs. The ruling blocked the law from taking effect.
Lawyers for New Mexico were unhappy with the outcome and filed for an en banc hearing with the 10th Circuit. An en banc hearing, if granted, vacates the panel’s decision, and the full bench would rehear the case and issue a ruling. An en banc hearing is not a right. The Court can deny the rehearing and let the panel’s decision stand. The state was confident that the Court would take the case en banc, since state en banc requests are usually granted. The 10th Circuit had other plans, though.
The 10th Circuit Court of Appeals denied the state’s request, indicating that most judges likely agreed with the panel’s decision. This denial of an en banc hearing means the state’s 7-day waiting period for firearm purchases cannot be implemented or enforced. This legal victory for Second Amendment activists will maintain the status quo of no waiting periods in New Mexico.
New Mexico can file a petition for a writ of certiorari with the United States Supreme Court, but the Court has a history of denying certiorari in interlocutory appeals. An interlocutory appeal is a challenge to a non-final court order made while a case is still ongoing. The case is more likely to return to the District Court, where arguments on the merits will be held. The outcome and likely appeal could shape the legality of waiting periods nationwide and set up a future circuit split.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
WOW! Nice! (Good for the Courts finally blocking these Demoncrat Gun Grabbing Axxholes from doing more damage than they’ve already done).
For Me? I’ll STILL have to wait 7-10 days are purchasing a firearm (doesn’t matter Handgun-Long gun) because as I’ve been told my ATF Background check bounces from the State, NM (Level3 Guard card) to the DoD ( Civilian Contractor/Airbase Security to the Lifetime membership in the New Mexico Crochet club! (man was THAT a tough license to get! Yes, that’s right as explained to me by several credible sources here in Cactus Junction —-’The more Licenses/Permits/Mother may I’s you have the MORE scrutiny you will receive!’ (Even though I have ‘Retired’ from a lot of the positions I use to hold they will ALWAYS be on the books! Once the .gov gets it’s hooks in you (even if you are on the White Hats side) you are going to bounce around the ‘Agencies’…
Just an edit to explain why—-when your Town/City becomes UNSTABLE the idiots CONTINUE to re-Elect the same group of Criminals Martin Heinrick, Ben Ray Lujan, .gov Michelle Lujan Grisham (Not related), Mayor (3rd term) the Invisible Tim Keller…
Fentanyl deaths soaring, Fentanyl flopper’s (the Walking Dead) dropping right in front of your Car!), more and more of our beautiful cars going south of the Border (and YOU aren’t invited!) you start to think ‘It can’t be this bad everywhere!’ and consider a change of scenery! I’m there now!
I “love” the rationale of a cooling off period. Maybe that would have had me rethinking my thirty third, fourth and fifth gun purchases.
@Don102, Big brother’s just watching out for you, buddy. You definitely don’t want to be my neighbor, with that ridiculous tax free gun/ammo stuff, and no calling in the 4473 if you actually get your WV permit..
Just for the record—-These ‘Infringements’ DO NOT STOP ME from being a Metallurgist ! I L VE GUNS! My little collection shrinks, then I come to my senses and say WTF! and all of a sudden I tell you folk’s I just bought this and that, and this was on sale! and my shop threw this in for only $800 more! Sheesh! Sometimes I’m afraid to put my ‘plastic’ in my wallet and then my arse gets set on fire! ARGH!
I pan for hardware like an old Prospector!—-I just know it takes time (and patience). If I try an IMPULSE buy that’s when I feel the urge to strangle somebody…. did I say that out loud?
And truth be told New Mexico isn’t THAT BAD. every few years I run into a series of boneheads that either try to ‘force’ an incident (or three) and it makes me feel ‘The grass could be greener’ somewhere else but then reality (and Common Sense) kick in and I accept the situation for what it is. No where will my Mortgage be as low as it is now, Jobs may truly suck here but if I play the cards dealt I really don’t HAVE TO work, that could change dramatically elsewhere. I hear folk’s in a ‘ritzier’ part of town pay upwards of $200+ for ‘Lectric a month that would be a yearly quarter for us. So it’s just almost hitting a Zombie that collapsed in front of my car, a dik junkie who tried to rob a Supermarket (in front of me), and a couple of ‘Bandido’s’ who rammed my Jag and tried to hook up my car while I was in a Gas station (two nice little holes now in my bumper that would be THOUSANDS of dollars if I tried to fix it! when Gorilla tape was $6.99 a roll…—it all builds up, then subsides, rises, falls…it’s all good. I’d rather buy a Tavor with a mortar tube (37mm) than have my old Jag perfect—Priorities!
Besides where would I go that one of you guys wouldn’t be sick of me sleeping in yer Garage after six months! (me and the @Thekid that is!) ‘When’s he gonna leave Karacal! (I can just hear it already! Muahahahaha!)
You know the story (you’ve all prolly had these Tsunami’s of events)—(13) surgeries, a head-on collision, Job loss a Shooting @ work! and then it’s Tuesday! That was a helluva week I’m hear to tell you!
It’s all good, Anyway nows not the time to sell my house!—I can see the Ad—’CASTLE in da Desert FOR SALE Complete w/ Drawbridge, Moat (really deep Moat!) stocked with Prime Croc-a-gator’s, Complete w/ Boiling Oil Cauldron’s and a ‘Cat’-A-pult—suitable for a Large Cow or really fat Invader! But I did put in a New Mailbox! so UPGRADES! ARGH!
The coffee, and the oxygen in the air, ARE the medication! I’ve got good coffee here. Up in Buffalo we all drank Tim Horton’s at the donut shops. Now Publix has it down here in Florida, and it’s just as good as I remembered.
Every time I think I’m feeling a little ‘Wordsmithy’ you come along and Top it! I laughed @ your post, I peed a good time was had by all! And it sounds like your Therapy sessions are working!
I can merely stroll into my local store and buy as many weapons as I want. Then again, the government doesn’t think I am crazy or have any reason to think so, like some here.
Yes, that’s right as explained to me by several credible sources here in Cactus Junction —-’The more Licenses/Permits/Mother may I’s you have the MORE scrutiny you will receive!’ (Even though I have ‘Retired’ from a lot of the positions I use to hold they will ALWAYS be on the books! Once the .gov gets it’s hooks in you (even if you are on the White Hats side) you are going to bounce around the ‘Agencies’…
change of venue!
I hear Venezuela is now nice!
or card 
, I the fool and my money have already parted.
VE GUNS! My little collection shrinks, then I come to my senses and say WTF! and all of a sudden I tell you folk’s I just bought this and that, and this was on sale! and my shop threw this in for only $800 more! Sheesh! Sometimes I’m afraid to put my ‘plastic’ in my wallet and then my arse gets set on fire! ARGH!
‘When’s he gonna leave Karacal! (I can just hear it already! Muahahahaha!)
