SANTA FE, N.M. (AP) — A panel of federal appellate judges determined on Tuesday that New Mexico’s seven-day waiting period on gun purchases likely violates citizens’ Second Amendment rights, resulting in the suspension of the law while a legal challenge is underway.
The decision from the 10th U.S. Circuit Court of Appeals returns the case to a lower court. New Mexico’s waiting period, which includes an exception for concealed permit holders, became effective in May 2024.
“Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and they impose a burden on conduct within the Second Amendment’s scope,” wrote Judge Timothy Tymkovich in the 2-1 split decision. “We conclude that New Mexico’s Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens.”
In a dissenting opinion, Judge Scott Matheson argued that New Mexico’s waiting period “establishes a condition or qualification on the commercial sale of arms that does not serve abusive ends.”
The National Rifle Association and Mountain States Legal Foundation, an advocacy group for gun rights, initiated the lawsuit on behalf of two New Mexico residents, expressing concerns about delayed access to weapons for domestic violence victims and others.
Democratic state legislators had implemented the restrictions to ensure additional time for the completion of federal background checks on gun buyers. Democratic Gov. Michelle Lujan Grisham had pledged that the new law would contribute to addressing what she referred to as a crime crisis in the state.
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This story has been updated to correct Judge Timothy Tymkovich’s first name.
