Today, the National Rifle Association—along with the National Shooting Sports Foundation, Second Amendment Foundation, New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms, and NRA member Peter Hackett—filed a lawsuit challenging New Mexico’s 7-day waiting period requirement for firearm purchases.
In Ortega v. Grisham, a case brought by the NRA (along with Mountain States Legal Foundation and NSSF) and litigated by a legal team that included NRA-ILA counsel, the U.S. Court of Appeals for the Tenth Circuit held that New Mexico’s waiting period violates the Second Amendment. But the state has continued to enforce the waiting period, claiming that the Ortega ruling applies only to the two individual plaintiffs in the case. Consequently, the NRA has filed this additional lawsuit to secure broader relief.
Under New Mexico’s law, nearly all prospective firearm purchasers must wait seven calendar days before taking possession of a firearm, even if they pass a background check immediately. The law imposes an arbitrary “cooling-off” period that is unrelated to determining whether a purchaser is legally eligible to possess a firearm. Violating the law is a misdemeanor for both the buyer and the seller.
In its decision in Ortega, the Tenth Circuit held that the law is unconstitutional, both facially and as applied, except as to individuals whose background checks are not cleared within three days. The court explained that the waiting period burdens the right to keep and bear arms and is not consistent with the nation’s historical tradition of firearm regulation. In August, the district court granted summary judgment to the plaintiffs, declaring the law unconstitutional as applied to individuals who pass the background check required under federal law.
Despite these rulings, New Mexico officials have maintained that the state may continue enforcing the law against everyone except the two plaintiffs in Ortega. The state has also threatened criminal enforcement against firearms retailers and purchasers who fail to comply with the waiting period. The new lawsuit seeks to stop this continued enforcement of a law the Tenth Circuit has already held unconstitutional.
The case, NSSF v. Torrez, was filed in the U.S. District Court for the District of New Mexico.
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.
More Like This From Around The NRA
