The Governor of New Mexico is a repeat offender when it comes to violating the Constitution. During the COVID-19 era, MSLF sued her to stop restrictions that targeted firearms retailers including manufacturers and shooting ranges. After MSLF forced her to back off that plan, the Governor issued an Executive Order suspending the Second Amendment in the state. She boldly proclaimed that “no constitutional right, in my view, including my oath, is intended to be absolute.” A dangerous belief to hold! Our friends over at the National Association for Gun Rights and the Second Amendment Foundation forced the Governor to back off yet again. But less than a year after her most recent defeat in court, Governor Grisham is violating the Second Amendment-protected rights of New Mexico citizens, yet again. This time she’s doing it with an arbitrary seven-day waiting period for firearm purchases. With this new law, New Mexico is unconstitutionally delaying the ability of law-abiding citizens to exercise their Second Amendment-protected right to keep and bear arms.
Case Background
On May 15, 2024, Governor Lujan Grisham’s law requiring a seven-day waiting period for firearm transactions went into effect. Now, when a citizen wants to purchase a firearm in New Mexico, they must wait a full week after passing a background check and paying for the firearm before taking possession of it.
This law is an affront to the Constitution and public safety. We would never tolerate waiting periods for other rights in America. A weeklong waiting period to exercise your right to speak freely or practice your religion would never stand up in a court of law. So, why should Second Amendment-protected rights be treated differently?
In 2008, the Supreme Court of the United States issued a landmark decision in District of Columbia v. Heller, holding that the Second Amendment protects an individual’s right to possess firearms for self-defense. Writing on behalf of the Court, Justice Scalia wrote: “Nowhere else in the Constitution does a ‘right’ attributed to ‘the people’ refer to anything other than an individual right . . . [w]e start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.” Justice Scalia went on to conclude, “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”
Despite this, Governor Grisham remains determined to infringe – in whatever ways she can – the right of the people of New Mexico to keep and bear arms. While Governor Grisham claims that this legislation protects New Mexico citizens from impulsive gun violence, she is only endangering them.
Retired law enforcement officer and MSLF client Samuel Ortega recognizes the importance of immediately protecting himself and his loved ones. For those who are denied the ability to defend themselves, the consequences can be injury, trauma, or death. Mr. Ortega is standing up to protect not only his right to self-defense but the rights of other New Mexico citizens as well. As a law enforcement officer, Mr. Ortega did not have to worry about restrictions on his Second Amendment rights, but now, as a civilian, he is experiencing firsthand how New Mexico treats law-abiding gun owners like second-class citizens.
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What’s at Stake?
Safety. Plain and simple. New Mexico’s seven-day waiting period is a delay in safety.
If the courts strike down the law, it will send a clear message that an arbitrary delay in a person’s right to keep and bear arms denies that right. If the courts uphold the law, however, it will stand contrary not only to the text of the Second Amendment and the Supreme Court’s recent decisions but against the most basic natural right to protect oneself and family.
Mountain States Legal Foundation represents Samuel Ortega and Rebecca Scott—in partnership with the National Rifle Association—in the fight to vindicate Second Amendment-protected rights for our clients and all New Mexicans. We seek a complete invalidation of the law by the federal courts and a return to constitutional sensibility.
Case Timeline
- May 15, 2024: MSLF files a lawsuit challenging New Mexico’s new law that forces citizens to wait seven days to obtain a firearm, after they have already passed a background check and completed the purchase. At the same time, MSLF requests the court to immediately block the law by filing for a Temporary Restraining Order (TRO) and Preliminary Injunction against New Mexico’s seven-day waiting period on firearm purchases.
- June 27, 2024: The federal district court in Albuquerque holds a hearing on whether the waiting period should be put on hold while the case is decided.
- July 22, 2024: The District Court denies the preliminary injunction, ruling against MSLF’s request, allowing the waiting period to stay in effect while the case moves forward.
- August 21, 2024: MSLF appeals the district court’s denial of the Preliminary Injunction to the U.S. Court of Appeals for the 10th Circuit.
- November 8, 2024: MSLF files its Opening Brief at the 10th Circuit, laying out the argument that the waiting period is unconstitutional.
- December 9, 2024: The State of New Mexico (defendants/appellees) files its Response Brief at the 10th Circuit, defending the waiting period.
- January 10, 2025: MSLF files a Reply Brief at the 10th Circuit, countering the state’s argument and strengthening the case for striking down the waiting period.
- May 13, 2025: The appeal is argued before a three-judge panel at the 10th Circuit in Denver, Colorado. If you’d like to listen to the arguments, click below:
- May 22, 2025: The State of New Mexico asks the district court to “pause” the underlying case while the 10th Circuit decides the appeal.
- May 27, 2025: The district court grants stay of case (pause) until the 10th Circuit rules.
- August 19, 2025: In a powerful and decisive ruling, the U.S. Court of Appeals for the 10th Circuit reversed the lower court’s decision and ordered that an injunction against New Mexico’s Seven-Day Waiting Period Act be put in place. The 10th Circuit held that the right to keep and bear arms includes a right to acquire them in the first place, and that any arbitrary delay imposed by the State through a “cooling-off” style waiting period infringes on the Second Amendment protected rights of law-abiding citizens.
- September 2, 2025: The State of New Mexico filed for en banc review of our victory, meaning they think the three-judge panel got it wrong when the panel ruled that “cooling-off” style waiting periods are likely unconstitutional and are asking for a full panel of eleven judges to review the decision and give a new ruling.
- October 9, 2025: MSLF files its Reply Brief, opposing the State of New Mexico’s petition for en banc review of our September 2025 victory.
- December 22, 2025: The 10th Circuit Court of Appeals has officially denied New Mexico’s request for en banc review. This means the panel’s August 2025 decision in our favor stands. The State’s remaining option is to appeal this denial to the Supreme Court of the United States for review.
- February 9, 2026: The US District Court for the District of New Mexico issued a preliminary injunction for our two plaintiffs/clients, effective immediately.
- April 20, 2026: MSLF files Motion for Summary Judgment.
