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.

—-

This story has been updated to correct Judge Timothy Tymkovich’s first name.

You May Also Like

California university sparks student fury after posting AI image

California University Faces Student Backlash Over AI-Generated Image

Stanford University has faced a fresh backlash over AI-generated imagery after removing…
Former Israeli PM emerges as wildcard in high-stakes election with Middle East's future at stake

Former Israeli Prime Minister Emerges as Wildcard in High-Stakes Election Shaping Middle East’s Future

Former Israeli PM Naftali Bennett thanks Saudi authorities A stabbing aboard a…
Venezuelan opposition leader María Corina Machado makes surprise return home after nearly a year abroad

Venezuela’s María Corina Machado Returns Home After Nearly Year Abroad

María Corina Machado warns Americans of the dangers of socialism Venezuelan opposition…
Florida man convicted of stealing over $760k worth of Tiffany's jewelry he swallowed

Florida Man Convicted of Swallowing and Stealing More Than $760,000 in Tiffany Jewelry

He took “eating the rich” to an extraordinary extreme. A Florida man…
Who is Itamar Ben-Gvir, the Israeli firebrand rising with the populist right across the globe?

Who Is Itamar Ben-Gvir? Israel’s Far-Right Populist Powerbroker

Polling ahead of Israel’s Oct. 27 election indicates that National Security Minister…
Teen accused of stepsister’s cruise ship murder buys time to consider plea but won’t get ‘sweet’ deal: expert

Teen Accused of Killing Stepsister on Cruise Ship Gets Time to Consider Plea, but No ‘Sweet’ Deal, Expert Says

A federal case involving a teenager accused of sexually assaulting and strangling…
CA Senator Previews the Schiff Show We'll See If Democrats Win Midterms

California Senator Previews Schiff’s Role if Democrats Win Midterms

Adam Schiff has still not produced the evidence of Russian collusion that…
Suspect in custody after person shot in Camden County

Camden County Shooting Suspect Arrested After Person Is Shot

One person was shot Saturday on Horse Stamp Church Road in the…
Firehouse Subs co-founder Chris Sorensen dies after building beloved American sandwich chain with brother

Firehouse Subs Co-Founder Chris Sorensen Dies After Building Chain

Chris Sorensen, who co-founded the popular sandwich brand Firehouse Subs, has died…
Zelenskyy can leverage Moscow ties from comedy days to make peace deal, says former key aide

Ex-Zelenskyy aide says comedy-era Moscow ties could aid peace talks

Iuliia Mendel, a former spokesperson for Ukrainian President Volodymyr Zelenskyy, said Sunday…
Florida woman set man on fire, burning over 80% of his body following argument: cops

Florida woman accused of setting man on fire after argument

A Florida woman allegedly asked to borrow a lighter before setting a…
Runaway cow sparks police chase through NY town

Runaway Cow Sparks Police Chase Through Upstate New York Town

Put your hooves where I can see them! A runaway cow led…