Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment

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.

You May Also Like

Father-in-law of trans NYT exec admitted killing him, worked 'in concert' with mother-in-law: docs

Father-in-Law Admits Killing Trans NYT Executive With Wife, Docs Say

A California man accused of fatally shooting his transgender son-in-law allegedly confessed…
Trump admin backs Bolivia state of emergency as leftist ex-leader's loyalists fracture nation

Trump’s New Security Alliance Faces First Real-World Test as Troops Deploy in South America

Bolivia’s growing security crisis is shaping up as one of the first…
Mystery Flock cameras discovered in Florida without permits

Mysterious Flock Cameras Found in Florida Without Permits

Eleven mystery Flock cameras were discovered operating in a Florida county without…
DOE employee charged with trying to aid Iran-backed Houthis, feds say

DOE Employee Charged in Alleged Plot to Aid Iran-Backed Houthis

Iran-backed Houthis make gains in Red Sea Fox News correspondent Steve Harrigan…
White House releases behind-the-scenes photos of Chinese President Xi Jinping's state visit

White House Reveals Behind-the-Scenes Xi Jinping State Visit Photos

The White House has released a behind-the-scenes look at Chinese President Xi…
FlyDubai flight passenger details treating wounded pilot after tying up suspect

Flydubai Passenger Recounts Treating Wounded Pilot After Suspect Restrained

Israeli dentist Dr. Shota Musaev boarded FlyDubai Flight 1073 as an ordinary…
Ken Paxton heard saying Trump's GOP midterm convention hurt him: Report

Report: Ken Paxton Said Trump’s GOP Midterm Convention Hurt Him

Texas Republican Senate nominee Ken Paxton told donors at a private fundraiser…
Billion-dollar power link connecting Israel to Europe hits roadblock in bitter regional feud

Israel-Europe Billion-Dollar Power Link Stalled by Regional Feud

Cyprus Foreign Minister Constantinos Kombos has accused Turkish President Recep Tayyip Erdoğan…
Nithya Raman campaign accused of secretly paying social media influencers to promote her

LA Councilwoman Nithya Raman Campaign Accused of Paying Influencers

Los Angeles mayoral candidate Nithya Raman’s campaign is facing allegations that it…
Trump goes off on his three Supreme Court picks, says at least Obama and Biden judges stay loyal

Trump Blasts Supreme Court Picks, Says Obama-Biden Judges Stay Loyal

WASHINGTON — President Trump criticized three of his Supreme Court appointees in…
Teen killer avoids state’s first female execution in over 200 years – for now

After Botched Execution, Tennessee Governor Urged to Spare Christa Pike

Attorneys for Christa Pike are asking Tennessee Gov. Bill Lee to replace…
Christa Pike's attorneys say botched execution was "cruel," "torturous" and "predictable"

Christa Pike’s Attorneys Call Botched Execution ‘Cruel,’ ‘Torturous’ and Predictable

Attorneys for Tennessee death row inmate Christa Pike are urging the governor…