Federal Court Kills New Mexico's 7-Day Gun Waiting Period
The U.S. District Court for the District of New Mexico granted summary judgment and struck down the state's 7-day waiting period law as unconstitutional. The ruling came in Ortega v. Grisham, brought by the National Rifle Association, Mountain States Legal Foundation, and the National Shooting Sports Foundation. The court entered final judgment, removing the waiting period requirement that had blocked lawful gun purchases for a full week.
Key Details
The 7-day waiting period forced New Mexico gun buyers to wait one week between purchase and possession, regardless of background check status. Summary judgment means the court found no factual dispute—the law violated the Second Amendment as a matter of law. Three organizations partnered on the case: the NRA brought the lead plaintiff; Mountain States Legal Foundation provided legal strategy; and the National Shooting Sports Foundation supported the constitutional challenge. The judgment is final and enforceable immediately.
Why It Matters for Gun Owners
New Mexico gun owners can now purchase and take possession of firearms without arbitrary delay once their background check clears. The 7-day waiting period served no legitimate purpose after the FBI completed its instant check—it was pure friction designed to suppress purchases. This ruling affirms what courts have consistently found since Bruen: waiting periods lack historical precedent and fail scrutiny. Gun owners in other states with similar laws—California (10 days), Washington (10 days), Illinois (24-72 hours)—should watch this precedent. New Mexico's defeat removes a model that anti-gun states have copied. The decision also validates multi-group litigation strategy when a single organization might face standing challenges.
DownRange Analysis
This win is clean and complete—summary judgment means no jury trial, no appeal window for the state to manufacture evidence. The court found the waiting period unconstitutional on its face, not just as applied. That's the gold standard in Second Amendment litigation. Bruen shifted the burden: waiting period laws now need historical justification before 1900 to survive. New Mexico couldn't provide it. Expect this precedent to accelerate challenges in other western states, particularly those with weak historical records. The partnership between NRA, Mountain States, and NSSF shows how constitutional work gets done—specialized groups adding firepower at every level. Gun owners should note: if your state has a waiting period, litigation is viable now.
