NSSF, NRA and SAF Sue New Mexico Over Post-Check Gun Delay
The National Shooting Sports Foundation, the National Rifle Association and the Second Amendment Foundation sued New Mexico Attorney General Raúl Torrez on October 19. They want a federal judge to block the state's seven-day firearm waiting period for buyers who already passed a background check. Nine plaintiffs filed the complaint in the U.S. District Court for the District of New Mexico, including three Albuquerque gun retailers and a prospective buyer. The case, NSSF v. Torrez, targets the delay that follows a clean check. It also argues that a prior win for two individual buyers never reached anyone else. Filing the suit does not lift the wait. It asks the court to decide what relief these plaintiffs can get.
Key Details
The plaintiffs name Torrez as the defendant and seek two things: a declaration that the post-check delay violates the Second Amendment, and an injunction protecting the people and businesses they represent. Here is the lineup:
- Organizations: NSSF, NRA and Second Amendment Foundation, plus two New Mexico associations.
- Retailers: Calibers Shooting Sports Center, Omni Tactical USA and Right to Bear Arms, all in Albuquerque.
- Individual: prospective buyer Peter Hackett.
- Filing date: October 19.
- Court: U.S. District Court for the District of New Mexico.
- Waiting period: seven calendar days, counting the time spent on the background check.
- Exemption: buyers holding valid New Mexico concealed handgun licenses.
The complaint alleges the state treats the earlier Ortega relief as limited to its two named plaintiffs. The plaintiffs say enforcement against everyone else continues. That enforcement allegation is the core of the new case. The complaint also says the district court entered judgment in August 2026 and the state appealed that judgment. The new suit aims to stretch practical protection past the original individual plaintiffs.
Background
The lawsuit grows out of Ortega v. Grisham. In August 2025, the Tenth Circuit reversed the denial of preliminary relief in that case and directed the district court to enter an injunction. The appellate majority drew a line between delays tied to screening buyers and a fixed waiting period imposed on people who had already cleared a background check. The panel left the proper scope of the injunction to the district court, which was told to set the remedy with input from the parties.
New Mexico enacted its waiting-period statute in 2024 through HB 129. The final text does something important: the background check runs inside the seven-day window instead of adding seven days after the check finishes. That drafting choice matters. It means the state's justification rests on the cooling-off period itself, not on the time needed to screen a buyer. The Supreme Court set the governing framework in New York State Rifle & Pistol Association v. Bruen in 2022. Under Bruen, the government must show the regulation fits within the nation's historical tradition of firearm regulation. The Tenth Circuit's Ortega opinion separated the constitutional analysis from the question of who gets protection. The new complaint picks up that gap.
Why It Matters for Gun Owners
If you buy a firearm in New Mexico without a valid state concealed handgun license, you wait seven days even after the check clears. That applies to the ordinary sale, and the new suit targets exactly that wait. A concealed carry license holder skips the delay under the statute's exceptions. If you hold one, your purchase timeline already looks different from your neighbor's. If you do not, plan ahead. Order the gun early in the week or accept the wait before any trip you need the firearm for. Check whether your dealer is one of the Albuquerque shops in the suit. Watch the docket in NSSF v. Torrez. A ruling that extends relief to members and customers of these organizations would change who gets served without waiting. Until a court orders something broader, the old rules still control your counter.
DownRange Analysis
This suit is smart because it targets the weakest seam in New Mexico's law. The state can argue the delay protects public safety. But the post-check window adds no screening function, since the background check already finished. Under Bruen, the state has to point to a historical analogue for making a law-abiding buyer wait after passing the check. That is a hard burden. The bigger fight will be over remedy. The Tenth Circuit pushed the scope question down to the district court, and the state's appeal of the August 2026 judgment sits in the background. Dealers should expect demand spikes if relief broadens. Gun owners should do three things right now. Confirm your CHL status. Track the appeal and the new docket. Support the organizations carrying this case, because the suit costs money and the outcome will shape every New Mexico buyer's timeline.
Safety Tip: If you face an immediate threat, call emergency services and move to a safe location instead of waiting on a pending purchase. Store any firearms you already own securely to prevent unauthorized access.
