Tenth Circuit Lets NRA’s Victory Stand in New Mexico Waiting Period Case

The U.S. Court of Appeals for the Tenth Circuit has denied New Mexico’s petition for rehearing en banc in Ortega v. Grisham, allowing a prior ruling invalidating the state’s firearm waiting period law to remain in effect.

In 2024, New Mexico enacted a law requiring individuals to wait 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 National Rifle Association, together with the Mountain States Legal Foundation, filed suit challenging the law on the day it was enacted.

The Tenth Circuit held on August 19, 2025, that New Mexico’s law violates the Second Amendment. 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.

The state petitioned for rehearing en banc on September 2, 2025. Yesterday, the Tenth Circuit denied that petition, leaving the ruling invalidating the waiting period intact.

This decision restores the rights of New Mexicans and also impacts gun owners throughout the Tenth Circuit, including those in Colorado, Utah, Wyoming, Kansas, and Oklahoma. 

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.