Tenth Circuit Strikes Down New Mexico's 7-Day Waiting Period
The Tenth Circuit Court of Appeals has ruled that New Mexico's 7-day waiting period on firearm purchases violates Second Amendment protections. The decision directly challenges state-level waiting period laws and signals potential trouble for similar restrictions in neighboring jurisdictions, particularly Colorado's 3-day waiting period.
Key Details
- New Mexico Democrats enacted a 7-day waiting period; the Tenth Circuit found it unconstitutional under the Second Amendment.
- The ruling applies to the Tenth Circuit, which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.
- Colorado operates under a 3-day waiting period, now vulnerable to the same constitutional challenge under this precedent.
- The court's reasoning and scope remain subject to interpretation by lower courts and potential appeal.
Why It Matters for Gun Owners
Gun owners in the Tenth Circuit gained substantial legal ground. Colorado residents now have a clear path to challenge the state's 3-day waiting period in federal court using this precedent. Wyoming, Utah, and Oklahoma gun owners should monitor whether similar suits emerge in their states. For anyone who carries or owns firearms, this ruling reduces the delay between purchase and taking possession—a practical win for self-defense access. States outside the Tenth Circuit should not assume their waiting periods survive scrutiny; this decision will fuel national litigation. Expect Colorado to defend aggressively or attempt legislative workarounds.
DownRange Analysis
This ruling aligns with New York State Rifle & Pistol Association v. Bruen's historical test for Second Amendment restrictions. Waiting periods lack deep historical roots in American law—they're modern policy tools, not traditional regulations. The Tenth Circuit appears to have applied Bruen correctly, which means other circuits will face identical pressure. Colorado's 3-day period is mathematically closer to complying but offers no constitutional advantage under historical analysis. Gun owners should prepare for multistate litigation. Anti-gun states will likely fight harder in hostile circuits. If you carry or own in affected states, document your purchase timeline and consult local counsel if facing delays.
