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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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Wednesday, August 13, 2025

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On September 1st, gun turn-in programs will become illegal in the Lone Star State. These programs, often funded by taxpayer dollars, to purchase firearms from individuals have repeatedly failed to improve public safety, and have ...

U.K. Police Target Gardening Tools, Salty Language

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Monday, August 18, 2025

U.K. Police Target Gardening Tools, Salty Language

Another week, another set of stories chronicling the sad demise of individual rights in the United Kingdom, where gardeners with pruning tools are treated like dangerous criminals and insulting crooks who plunder your store attracts more police attention ...

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

Tolerating Crime was a Choice for District of Columbia Officials

News  

Monday, August 18, 2025

Tolerating Crime was a Choice for District of Columbia Officials

On August 11, President Donald Trump declared a crime emergency in the nation’s capital. Fed up with a violent crime problem that has long been tolerated, and perhaps obfuscated, by D.C. officials, President Trump chose to exert his considerable ...

Chicago Woman Shot with Stolen Buyback Gun Files Suit

News  

Monday, August 11, 2025

Chicago Woman Shot with Stolen Buyback Gun Files Suit

NRA has often reported on failed “gun buyback” programs in cities across the country as being worse than useless. 

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Jim Acosta Plumbs a New Low in Fake News

News  

Monday, August 11, 2025

Jim Acosta Plumbs a New Low in Fake News

Those who followed the media’s coverage of the first Trump Administration are painfully aware of former CNN personality Jim Acosta. 

National Shooting Sports Month Highlights a Movement’s Growth and Diversification

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Monday, August 18, 2025

National Shooting Sports Month Highlights a Movement’s Growth and Diversification

As National Shooting Sports month continues through August, the ongoing celebration of America’s outdoor sporting heritage is expected to resonate with the firearms community. 

Grassroots Spotlight: Turning Point USA’s Student Action Summit

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Monday, August 18, 2025

Grassroots Spotlight: Turning Point USA’s Student Action Summit

In July, the NRA-ILA Grassroots Team had the incredible opportunity to attend Turning Point USA’s (TPUSA) Student Action Summit (SAS) in Tampa, Florida.

Oklahoma: Governor Stitt Holds Signing Ceremony For Firearm Industry Non-Discrimination Bill

Tuesday, August 12, 2025

Oklahoma: Governor Stitt Holds Signing Ceremony For Firearm Industry Non-Discrimination Bill

On Monday, August 11th, Governor Kevin Stitt held a signing ceremony for Senate Bill 500, preventing discrimination against the firearms industry. NRA-ILA Oklahoma State Director Travis Couture-Lovelady was present for the ceremony.  

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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.