A panel of federal appellate judges ruled Tuesday that New Mexico’s seven-day waiting period on gun purchases likely infringes on citizens’ Second Amendment rights, putting the law on hold pending a legal challenge.
The ruling by the 10th US Circuit Court of Appeals sends the case back to a lower court. New Mexico’s waiting period went into effect in May 2024, and does hold an exception for concealed permit holders.
“Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment’s scope,” wrote Judge Matteson Tymkovich in the split 2-1 ruling. ”We conclude that New Mexico’s Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens.
Two New Mexico residents had sued, citing concerns about delayed access to weapons for victims of domestic violence and others. Democratic state lawmakers had enacted the restrictions in hopes of ensuring more time for the completion of federal background checks on gun buyers.
Democratic Gov. Michelle Lujan Grisham promised at the time that the new law would help to curb what she has described as a crime crisis in the state.
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