NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. The lawsuit, named Ortega v. Grisham, was filed in coordination with the Mountain States Legal Foundation.

New Mexico’s “Unlawful Sale of a Firearm Before Required Waiting Period Ends Act” requires the purchaser of a firearm to wait seven calendar days before taking possession of the firearm—even if the purchaser immediately passes a background check. While it provides an exception for concealed carry permit holders, it provides no exception for urgent circumstances, such as when an individual has received an imminent threat of bodily harm.

“The NRA fights every day in Washington, DC, state capitals, and when necessary, the legal arena, to protect the constitutional freedoms of law-abiding Americans and NRA members,” said Randy Kozuch, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “The State of New Mexico’s waiting period law is a clear violation of its citizens' Second Amendment rights – needlessly delaying their ability to acquire a firearm for self-defense or sporting purposes. With this legal challenge, NRA is committed to seeing that this unconstitutional law be wiped from the state statutes.”

NRA filed this lawsuit against New Mexico Governor Michelle Lujan Grisham and Attorney General Raúl Torrez, arguing that the waiting period violates the Second Amendment and the Fourteenth Amendment, which makes the Second Amendment applicable to the states. NRA also moved for a temporary restraining order and preliminary injunction to stop the waiting period law from being enforced while the case is litigated.

A copy of the filing can be found here.