District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 days before taking possession of any firearm they purchase.

To succeed on their motion, the plaintiffs had to establish that they are likely to succeed on the merits of the case, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest.

The court first determined that the plaintiffs are unlikely to succeed on the merits because (1) the Second Amendment does not protect purchasing firearms and (2) the waiting period law is consistent with discriminatory historical laws restricting firearms sales to slaves, freedmen, and American Indians.

Because the court concluded that there was no violation of constitutional rights, the plaintiffs could not satisfy the remaining factors either. Therefore, the court denied the plaintiffs’ motion.

The plaintiffs will now consider whether to appeal the decision to the Tenth Circuit Court of Appeals or proceed on the merits in the district court. Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.