The U.S. Court of Appeals for the Tenth Circuit has denied New Mexico’s request for en banc review in Ortega v. Grisham, our challenge to the state’s new 7-day waiting period for firearm purchases.
This means the earlier panel decision — which ruled in favor of our clients — remains in place. It’s a significant win for law-abiding New Mexicans and for the protection of Second Amendment rights across the region.
What the case is about
New Mexico enacted a “cooling-off” law requiring every firearm purchaser to wait seven days before taking possession of a gun they legally bought. This blanket delay applies to everyone and has no grounding in the nation’s history or tradition of firearm regulation, a requirement under the Supreme Court’s Bruen decision.
MSLF challenged the law on behalf of responsible gun owners whose rights were being needlessly delayed. A three-judge panel agreed in August 2025, ruling that the waiting period cannot stand under the Constitution.
What today’s decision means
The State sought rehearing from the full 10th Circuit. The court’s denial leaves the panel’s ruling intact — a strong affirmation that the waiting period violates the Second Amendment.
What comes next
The State’s next step, if it chooses, is to appeal this denial to the U.S. Supreme Court for review. Until then, the panel’s decision remains binding within the Tenth Circuit.
MSLF stands ready to defend this victory at the Supreme Court if necessary, and we are optimistic about what this means for the future of Second Amendment litigation, including our other ongoing cases.
This is a meaningful step forward for Constitutional rights, and we look forward to continuing this fight.