A federal judge in New Mexico has invalidated the state's mandatory seven-day waiting period for firearm acquisitions. U.S. District Court Judge James O. Browning ruled that the law infringed upon Second Amendment protections, siding with the NRA and two private plaintiffs.
Why Judge James O. Browning invalidated the seven-day delay
In a ruling issued on Thursday, U.S. District Court Judge James O. Browning determined that New Mexico's requirement for a seven-day waiting period for gun purchases was unconstitutional. According to the report, the court found that the mandatory delay violated the Second Amendment rights of citizens who had already successfullly passed the required background checks.
The ruling effectively removes the legal barrier that forced law-abiding citizens to wait a full week before taking possession of a firearm. By striking down this specific provision, Judge James O. Browning has ensured that the background check remains the primary gatekeeper for firearm ownership in the state, rather than a temporal "cooling-off" period.
How Ortega and Scott challenged Governor Michelle Lujan Grisham
The legal battle was initiated by two individuals, identified as Ortega and Scott, who filed suit against the administration of Democratic Governor Michelle Lujan Grisham. As reported, Ortega and Scott argued that their constitutional rights were violated when they were forced to wait for their purchases despite having cleared all legal background reqiurements quickly.
During the proceedings, the legal team representing Governor Michelle Lujan Grisham argued that the Second Amendment protects the right to keep and bear arms, but does not guarantee the right to obtain a new weapon instantaneously. The state maintained that the seven-day window served a critical public safety function, though Judge James O. Browning ultimately rejected this interpretation of the law.
The NRA-ILA's claim that a delayed right is a denied right
The National Rifle Association's Institute for Legislative Action (NRA-ILA) provided significant backing for the lawsuit, viewing the New Mexico law as an unnecessary burden on lawful buyers. John Commerford of the NRA-ILA celebrated the decision, asserting that "a right delayed is a right denied."
The NRA-ILA argues that once a citizen has passed a background check, any further state-mandated delay is an infringement on a fundamental liberty. This victory reinforces the organization's broader strategy of challenging state-level restrictions that they believe treat law-abiding citizens like criminals by imposing arbitrary waiting periods.
A potential catalyst for challenges to other state waiting periods
This decision in New Mexico mirrors a broader national trend where federal courts are increasingly skeptical of "cooling-off" periods and other procedural hurdles to firearm acquisition.. Following the Supreme Court's shift toward a more expansive interpretation of the Second Amendment, many state-level restrictions that were once considered standard public safety measures are now being litigated.
Legal observers suggest that the ruling by Judge James O. Browning could serve as a blueprint for similar lawsuits in other states that employ waiting periods. If this precedent holds, it could trigger a wave of litigation across the U.S., potentially dismantling waiting periods in several other Democratic-led states.
Whether Governor Michelle Lujan Grisham will appeal the decision
While the ruling is a clear victory for the NRA and the plaintiffs,it remains unclear if the administration of Governor Michelle Lujan Grisham will seek an appeal to a higher court. the source does not specify whether the state has already filed a notice of appeal or if they intend to accept the ruling.
Furthermore, the report does not clarify how the ruling will be implemented immediately at the retail level—specifically, whether gun dealers in New Mexico have been formally notified to cease the seven-day delay for all pending and future transactions.
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