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.
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.
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.
