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Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Tuesday, August 19, 2025

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Today, the Tenth Circuit Court of Appeals held New Mexico’s seven-day waiting period for firearm purchases unconstitutional in Ortega v. Grisham, a case brought by the National Rifle Association and Mountain States Legal Foundation, with the support of the National Shooting Sports Foundation.

“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights,” said NRA-ILA Executive Director, John Commerford. “The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma, but serves as a key piece in dismantling similar gun control laws across the country.” 

New Mexico’s law requires purchasers of firearms to “cool off” for seven days before taking possession of a newly purchased firearm—even after passing a background check and demonstrating that they are not prohibited from owning firearms.

The Tenth Circuit held that New Mexico’s law violates the Second Amendment. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct. Next, the court concluded that waiting periods are a modern invention that are unsupported by our nation’s historical tradition of firearm regulation.

New Mexico’s proffered historical analogues—intoxication laws, licensing regimes, and restrictions that applied only to certain targeted groups—were found insufficient to justify New Mexico’s waiting period law. First, the historical intoxication laws were deemed improper analogues because they prevented the possession of a firearm only during the period of intoxication, not for an arbitrary time period even after the individual sobered up. Second, New Mexico’s law is unlike licensing regimes, the court noted, because New Mexico’s law assumes everyone is dangerous until they have waited an arbitrary amount of “cooling off” time. Finally, the court determined that New Mexico’s law is distinguishable from the restrictions on targeted groups because—in addition to the dubious discriminatory biases underlying those bans—New Mexico’s law is not targeted at all; it applies indiscriminately to the entire populace.

The case will now return to the District Court for the District of New Mexico for the entry of a preliminary injunction.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.