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Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Tuesday, August 19, 2025

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Today, the Tenth Circuit Court of Appeals held New Mexico’s seven-day waiting period for firearm purchases unconstitutional in Ortega v. Grisham, a case brought by the National Rifle Association and Mountain States Legal Foundation, with the support of the National Shooting Sports Foundation.

“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights,” said NRA-ILA Executive Director, John Commerford. “The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma, but serves as a key piece in dismantling similar gun control laws across the country.” 

New Mexico’s law requires purchasers of firearms to “cool off” for seven days before taking possession of a newly purchased firearm—even after passing a background check and demonstrating that they are not prohibited from owning firearms.

The Tenth Circuit held that New Mexico’s law violates the Second Amendment. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct. Next, the court concluded that waiting periods are a modern invention that are unsupported by our nation’s historical tradition of firearm regulation.

New Mexico’s proffered historical analogues—intoxication laws, licensing regimes, and restrictions that applied only to certain targeted groups—were found insufficient to justify New Mexico’s waiting period law. First, the historical intoxication laws were deemed improper analogues because they prevented the possession of a firearm only during the period of intoxication, not for an arbitrary time period even after the individual sobered up. Second, New Mexico’s law is unlike licensing regimes, the court noted, because New Mexico’s law assumes everyone is dangerous until they have waited an arbitrary amount of “cooling off” time. Finally, the court determined that New Mexico’s law is distinguishable from the restrictions on targeted groups because—in addition to the dubious discriminatory biases underlying those bans—New Mexico’s law is not targeted at all; it applies indiscriminately to the entire populace.

The case will now return to the District Court for the District of New Mexico for the entry of a preliminary injunction.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

California: Committee to Reconsider Concealed Carry License Extension Bill

Friday, January 9, 2026

California: Committee to Reconsider Concealed Carry License Extension Bill

On Tuesday, January 13th, the Assembly Committee on Public Safety will reconsider Assembly Bill 1092, legislation that extends the validity period of Carry Concealed Weapons (CCW) licenses, for a vote only; no public testimony will ...

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

U.K. Moves to Legally De-suppress Suppressors

News  

Monday, July 14, 2025

U.K. Moves to Legally De-suppress Suppressors

On July 4th, President Donald Trump signed into law his “One Big Beautiful Bill,” which included a provision that eliminated the tax stamp fee of $200, but did not deregulate suppressors under the National Firearms ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.