Gun Laws And 2a
10th Circuit Pauses New Mexico’s 7-Day Gun Purchase Wait, Citing Likely 2A Violation
Split appellate panel says the state’s ‘cooling-off’ period burdens lawful acquisition of arms
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✍️By ZRIntel Editorial Team📍Santa Fe, New Mexico
A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has halted New Mexicos 2024 law requiring most firearm buyers to wait seven days before taking possession, finding the statute likely violates the Second Amendment. In a 21 decision, Judge Timothy Tymkovich wrote that so-called cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, concluding the Waiting Period Act likely imposes an unconstitutional burden. The injunction sends the case back to the district court but immediately pauses enforcement while litigation proceeds. The lawpassed by Democratic lawmakers and signed by Gov. Michelle Lujan Grishamcontained exceptions for concealed carry permit holders, law enforcement, and immediate family transfers. Supporters argued the delay would give federal background checks time to complete and reduce impulsive violence and suicide. The panel majority rejected those rationales under the Supreme Courts Bruen test, which requires modern gun regulations to be consistent with the nations historical tradition of firearm regulation. In dissent, Judge Scott Matheson viewed the waiting period as a permissible qualification on commercial sales. The challenge was brought by the National Rifle Association and Mountain States Legal Foundation on behalf of two New Mexico residents, including a domestic-violence survivor who argued the delay could endanger victims seeking immediate protection. Gun-rights advocates hailed the ruling as a roadmap for contesting similar laws in other states, while the governors office blasted the decision as likely to cost lives and said it was reviewing legal options. New Mexicos law took effect in May 2024 and applied to both long guns and handguns sold by licensed dealers. The decision creates tension among appellate circuits: other courts have upheld waiting periods, and the split increases the odds of eventual Supreme Court review. For dealers and buyers in New Mexico, the practical effect is a return to pre-2024 practiceno mandatory waiting time after passing a background check. Local reporting notes the dispute arrives alongside broader criminal-justice debates in the state and the governors past emergency orders restricting public carry in some areas, which also drew legal fire.