Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
Share this @internewscast.com

A federal appeals court has paused New Mexico’s seven-day waiting period for gun purchases, deciding it likely violates citizens’ Second Amendment rights.

The 2-1 ruling by the 10th U.S. Circuit Court of Appeals leaves the law on hold pending a legal challenge and returns the case to a lower court.

The waiting period, which was implemented in May of last year, penalizes violators with a misdemeanor, though concealed permit holders are exempt. This measure was introduced by Democrats to allow more time for federal background checks on firearm buyers.

Judge Timothy Tymkovich, writing for the majority, stated, “Cooling-off periods don’t align with any historical exceptions to the right to keep and bear arms and place a burden on activities protected by the Second Amendment.” He noted that the New Mexico Waiting Period Act is probably an unconstitutional obstacle to citizens’ Second Amendment rights.

Michelle Lujan Grisham

Democrats had enacted the measure in an effort to allow for more time for federal background checks on gun buyers to be completed. (AP)

John Commerford, head of the National Rifle Association’s Institute for Legislative Action, supported the court’s ruling, calling it “an important step in overturning similar gun control laws nationwide.”

Judge Scott Matheson, in his dissent, argued that the waiting period “imposes a requirement on the commercial sale of arms that does not encourage abusive practices.”

Gov. Michelle Lujan Grisham, a Democrat, said she was disappointed with the ruling and claimed it would likely cost lives.

Governor Lujan Grisham commented that New Mexico’s waiting period law was designed thoughtfully to reduce gun violence without infringing on Second Amendment rights, highlighting additional exceptions for firearms transactions involving law enforcement and immediate family members.

“Waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis,” she added.

Gun shop in Los Ranchos

The Mountain States Legal Foundation and National Rifle Association filed the lawsuit on behalf of two New Mexico residents. (AP)

Since she was sworn in as governor in 2019, Lujan Grisham has signed several gun control measures, including a “red flag” law allowing a court to temporarily remove guns from people suspected of being at risk of hurting themselves or others and restrictions on firearms near polling places.

In 2023, the governor suspended the right to carry guns in public parks and playgrounds in Albuquerque in response to shootings across the state that killed children.

Lujan Grisham declared a state of emergency in Albuquerque earlier this year, saying that a significant uptick in crime warranted the help of the state’s National Guard. She also declared a state of emergency last week over violent crime and drug trafficking across parts of northern New Mexico.

Legal experts have said the ruling could have wider consequences because other states, including California, Hawaii and Illinois, have imposed similar restrictions on gun purchases. In New Mexico, the waiting period applies to all licensed dealer firearm sales for handguns and long guns.  The only exception applies to concealed carry permit holders, law enforcement and immediate family transfers. Those in support of the waiting period laws argue that research links the law to reduced suicides and crimes of passion limiting impulsive behavior.  Officials in New Mexico have not said if they will seek review from the full 10th Circuit or appeal directly to the U.S. Supreme Court.

Share this @internewscast.com
You May Also Like
New take on twisted '90s thriller 'The Hand that Rocks the Cradle' stars Mary Elizabeth Winstead, Maika Monroe

Mary Elizabeth Winstead and Maika Monroe Lead Riveting Remake of 90s Thriller ‘The Hand that Rocks the Cradle

In Hollywood, a fresh reimagining of a classic thriller is making waves.…
Virginia GOP candidate holds debate with AI bot of opponent

Virginia GOP Candidate Engages in Historic Debate Against AI-Generated Opponent in Political First

An unexpected twist emerged in the Virginia lieutenant governor’s race on Tuesday…
St. Johns police reponds after student attacked on school bus

St. Johns Police Take Swift Action Following Alarming School Bus Incident

The St. Johns County Sheriff’s Office issued a statement indicating that a…
Massie Faces Trump-Backed Primary Challenge Kentucky Race

Massie vs. Trump: High-Stakes Showdown in Kentucky’s Pivotal Primary Race

Kentucky Republican Rep. Thomas Massie is preparing for a fierce primary battle…
Porta-potty peep scheme busted as man faces nearly 100 charges for filming students: police

Man Arrested for Allegedly Filming Students in Porta-Potties, Faces Extensive List of Charges

An Iowa resident is facing close to 100 charges after authorities discovered…
How inflatable costumes ballooned at anti-Trump rallies due to a Portland protester's frog outfit

Inflatable Costumes Take Center Stage at Anti-Trump Rallies, Inspired by Portland Protester’s Frog Attire

In Portland, Oregon, a unique form of protest unfolded when Seth Todd…
Dad finds 13-year-old son dead after 200-foot fall from bluff inside popular National Park site

Tragic National Park Accident: Father Discovers Son’s Fatal 200-Foot Fall

In a heart-wrenching incident in Arkansas over the weekend, a father discovered…
A Trump supporter wearing an inflatable costume is attacked in moving gif

Shocking Video: Man in Inflatable Trump Costume Assaulted at ‘No Kings’ Protest in Blue State

A man from Massachusetts has been officially charged after reportedly attacking a…
Tropical Storm Melissa is now forecast to become a major hurricane as it trends toward a concerning track

Tropical Storm Melissa Predicted to Intensify into a Major Hurricane, Following a Worrisome Path

Tropical Storm Melissa is slowly making its way across the Caribbean Sea,…
US chess grandmaster’s mom speaks out as questions remain over death, Russian rival faces probe

Mother of U.S. Chess Grandmaster Breaks Silence Amid Ongoing Investigation into Russian Rival Following Son’s Mysterious Death

In a heartfelt revelation, the mother of Daniel Naroditsky, a former grandmaster…
Strike averted: Musicians' union reaches tentative deal with Broadway league

Musicians’ Union and Broadway League Reach Tentative Agreement, Preventing Strike

NEW YORK — Broadway musicians have successfully brokered a preliminary deal with…
Man accused of killing teacher wife after wandering shirtless and warning of ‘too many cops’ nearby: police

Shirtless Man Arrested for Allegedly Killing Teacher Wife, Claims ‘Too Many Cops’ Were Close: Police Report

A Texas man has been taken into custody following allegations that he…