The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States Legal Foundation, in partnership with the National Shooting Sports Foundation.
Enacted in 2024, New Mexico’s law requires purchasers of firearms to “cool off” for seven days before taking possession of a newly purchased firearm—even if they immediately passed a background check demonstrating that they are not prohibited from owning firearms. The NRA and MSLF filed the case the day the law took effect.
On August 19, 2025, the Tenth Circuit Court of Appeals held that the law violates the Second Amendment because the right to keep and bear arms includes lawful acquisition of arms, and “cooling-off” periods are a modern invention unsupported by the nation’s historical tradition of firearm regulation. On December 22, 2025, the court denied the State’s petition for rehearing en banc.
After the case returned to the district court for summary judgment, the State argued that the court was not bound by the Tenth Circuit’s decision and should uphold the law—despite the Tenth Circuit’s opinion holding the law unconstitutional. The district court concluded that it was bound by that decision and granted judgment to the plaintiffs. The State may now appeal to the Tenth Circuit, which has already held the law unconstitutional.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.
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