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| Above, your truly taking possession of the Winchester Model 12 shotgun a month before the waiting period law took effect. |
The ruling is a major poke-in-the-eye at New Mexico Gov. Michelle Lujan Grisham.
The NRA-ILA wrote:
Today, the Tenth Circuit Court of Appeals held New Mexico’s seven-day waiting period for firearm purchases unconstitutional in Ortega v. Grisham, a case brought by the National Rifle Association and Mountain States Legal Foundation, with the support of the National Shooting Sports Foundation.
“In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans’ Second Amendment rights,” said NRA-ILA Executive Director, John Commerford. “The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma, but serves as a key piece in dismantling similar gun control laws across the country.”
New Mexico’s law requires purchasers of firearms to “cool off” for seven days before taking possession of a newly purchased firearm—even after passing a background check and demonstrating that they are not prohibited from owning firearms.
The Tenth Circuit held that New Mexico’s law violates the Second Amendment. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct. Next, the court concluded that waiting periods are a modern invention that are unsupported by our nation’s historical tradition of firearm regulation.
I had to contend with California's 10-day waiting period when I lived there. Should the U.S. Supreme Court uphold this ruling, that would effectively end California's waiting period.
To read more, go here.
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