NSSF Member Alert: New Mexico's 7-Day Waiting Period

This morning, I receive an email from the NSSF, the firearm trade association on the status of the 7-day waiting period for gun purchases in New Mexico.

It reads as follows:

New Mexico 7-Day Waiting Period Update

Last year, the United States Court of Appeals for the Tenth Circuit ruled in an NSSF^®-supported challenge Ortega v. Grisham that New Mexico’s seven-day waiting period for firearm purchases infringes on the Second Amendment by preventing the lawful acquisition of firearms by those who had already passed a NICS check. The case was remanded to the district court, which entered a preliminary injunction as to the named plaintiffs. On August 27, the district court determined that it was bound by the Tenth Circuit’s decision that the law is unconstitutional and granted summary judgment for the plaintiffs.

It is NSSF’s position that the Tenth Circuit was clear that the law is unconstitutional as to individuals who receive a “proceed” from NICS. However, the New Mexico Governor’s office has advised lawyers handling the Ortega case that the state fully intends to enforce the statute against FFLs who are not a party to the case. While NSSF strongly disagrees with the state’s threat to enforce this unconstitutional law, we recommend that FFLs for the time being refrain from transferring firearms to customers who have passed a NICS before the seven day waiting period expires. Lawyers handling the Ortega case are exploring all available legal options in response to the state’s position, including filing additional legal challenges. NSSF will provide further updates as matters develop.

This is for informational purposes only and should not be considered legal advice. You are encouraged to consult with your own attorney before making any decisions.