Lakewood, Colo. (February 12, 2026) — The New Mexico district court has issued a preliminary injunction blocking New Mexico officials from enforcing the state’s firearm waiting period law against two MSLF plaintiffs, following a decisive ruling from the U.S. Court of Appeals for the Tenth Circuit declaring the law unconstitutional as applied to individuals who pass a background check.
In Ortega v. Grisham, the court ordered New Mexico Governor Michelle Lujan Grisham and Attorney General Raúl Torrez—and all state officials acting in concert with them—to immediately cease enforcing the Waiting Period Act (N.M. Stat. § 30-7-7.3) against MSLF plaintiffs Samuel Ortega and Rebecca Scott.
The injunction takes effect immediately and remains in place while the case proceeds.
“The issuance of this preliminary injunction in the Ortega case marks yet another step towards victory when it comes to reaching our goal of dismantling this and other arbitrary firearms waiting period laws throughout the country,” says Michael McCoy, Director of MSLF’s Center to Keep and Bear Arms. “The dominoes are starting to fall when it comes to big government’s ceaseless efforts to restrict the Second Amendment protected rights of law-abiding citizens.”
The district court’s order follows the Tenth Circuit’s conclusion that New Mexico’s waiting period law violates the Constitution when applied to individuals who have already cleared a background check—undermining the state’s central justification for delaying lawful firearm purchases.
The court also ordered state officials to notify the New Mexico Department of Public Safety and require public posting of the injunction on its website, ensuring law enforcement agencies statewide are aware of the ruling.