Winning in court is only the beginning if the state refuses to respect the victory. In August 2025, the U.S. Court of Appeals for the Tenth Circuit ruled that New Mexico’s seven-day firearm waiting period was unconstitutional except when a federally required background check had not cleared within three days. In August 2026, the federal district court entered final judgment permanently prohibiting the state from enforcing the law against MSLF’s clients, Samuel Ortega and Rebecca Scott.
But New Mexico has taken the position that it can continue enforcing the same law against everyone else. Because the original lawsuit involved only two individual plaintiffs, other law-abiding New Mexicans remain at risk of being forced to comply with the waiting period or face potential criminal charges.
On October 19, 2026, MSLF’s Center to Keep and Bear Arms and its colleagues at Clement & Murphy, alongside the National Shooting Sports Foundation, National Rifle Association, and Second Amendment Foundation, filed a second lawsuit challenging the law in National Shooting Sports Foundation, Inc. et al v. Torrez. This time, MSLF is seeking a ruling declaring the waiting period unconstitutional for all individuals who pass the federally required background check and permanently prohibiting New Mexico from enforcing it against them. The courts have already recognized the constitutional problem. Now, MSLF is fighting to ensure that victory protects everyone it should.
