On August 19, 2025, the 10th Circuit Court of Appeals struck down New Mexico’s seven-day firearm waiting period, ruling it likely unconstitutional in Ortega v. Grisham.

The law, HB 129, enacted in 2024, forced most gun buyers to wait a week after passing a federal background check before taking possession of a firearm.

In a 2–1 decision, the court reversed a lower court ruling and ordered a preliminary injunction, pausing enforcement of the law. The majority found that “cooling-off periods” are modern inventions with no historical precedent (Bruen), and therefore burden the constitutional right to keep and bear arms. Judge Scott Matheson dissented, arguing that the law was a permissible commercial regulation.

Governor Michelle Lujan Grisham condemned the decision, saying it would cost lives and pointing to studies suggesting waiting periods reduce impulsive violence. The ruling is a landmark victory. The implications extend beyond New Mexico to other states in the 10th Circuit, including Colorado, Utah, Wyoming, Kansas, and Oklahoma.

The case now returns to the district court, though further appeals, including to the Supreme Court, remain possible.

There have been no studies since 2004 that show that a waiting period will reduce crime, suicide, murder, or mass shootings.  It merely poses an undue burden on law-abiding firearms purchasers.

Criminals don’t follow the law.