Tenth Circuit Blocks New Mexico’s 7-Day Gun Purchase Waiting Period
On August 19, 2025, the U.S. Court of Appeals for the Tenth Circuit struck down New Mexico’s seven-day waiting period for most firearm purchases. The court’s 2–1 decision halts the law while litigation continues, marking a significant development in the ongoing national debate over gun rights and state-level regulation.
The Court’s Reasoning
The majority ruled that the Second Amendment protects not only the right to possess firearms but also the right to acquire them. A mandatory delay, even after a buyer passes a federal background check, was deemed an unconstitutional burden. The opinion stressed that “cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms” and therefore likely violate constitutional protections.
Governor’s Response
Governor Michelle Lujan Grisham criticized the ruling, calling it “deeply disappointing, plainly wrong and likely to cost lives in New Mexico.” She emphasized that waiting periods have been shown to prevent impulsive acts of violence and suicide, citing evidence that the law could save approximately thirty-seven lives each year. The Governor also noted that the law included exemptions for concealed carry permit holders, law enforcement officers, and immediate family transfers. Her office is now reviewing legal options.
Broader Context
New Mexico enacted the waiting period in May 2024 in response to rising gun violence. Supporters argued that waiting periods provide additional time for background checks and help reduce impulsive gun purchases. Opponents, including the National Rifle Association and Mountain States Legal Foundation, contended that the law endangered vulnerable individuals, such as domestic violence victims, by delaying their ability to obtain firearms for self-defense.
This case could set an influential precedent. Only a handful of states currently enforce waiting periods on firearm purchases, and the Tenth Circuit’s ruling may ripple across other states under the court’s jurisdiction.
What This Means for You
For now, the waiting period is unenforceable, and gun buyers in New Mexico who pass background checks may take immediate possession of their firearms. However, the legal fight is far from over. The case will continue in the lower courts, and the state may pursue further appeals.
Arima Law: Guiding You Through Legal Change
Court decisions like this one highlight how quickly the legal landscape can shift. Whether your concerns involve constitutional rights, regulatory compliance, or personal protection, having skilled legal counsel is essential. At Arima Law, we help New Mexicans navigate complex and evolving laws with clarity and confidence.
If you have questions about how this ruling may affect your rights or responsibilities, contact Arima Law today to schedule a consultation.