The United States Court of Appeals for the 10th Circuit has refused to rehear a case that blocked the enforcement of a 7-day waiting period for firearms purchases in New Mexico.
In 2024, New Mexico enacted the New Mexico Waiting Period Act (WPA), a state law that mandated a 7-day “cooling off” period for nearly all firearm purchases. The state argued that these transfer delays were needed to reduce impulsive “gun violence” and suicides. Transfers between family members and concealed carry holders were exempt from the new law.
The new state law spurred legal challenges to the New Mexico WPA. One such case was Ortega v. Grisham. The plaintiffs claimed that the law levied an unconstitutional burden on potential gun owners. They cited no other constitutionally protected right that has a waiting period. There was also no historical justification for the law. Under the Bruen standard, if the conduct is protected by the Second Amendment’s plain text, the state must provide historical analogues from the founding era demonstrating that the law is consistent with the tradition and history of the nation’s firearms regulations. The state could not provide those examples, but the District Court denied the preliminary injunction anyway, leading the plaintiffs to appeal to the United States Court of Appeals for the 10th Circuit.
In August, a three-judge panel from the 10th Circuit ruled that New Mexico’s 7-day “cooling off” period for gun purchases was likely unconstitutional because it denied a fundamental right protected by the Second Amendment. They agreed that the plaintiffs were likely to succeed on the merits of the case. The panel issued the preliminary injunction sought by the plaintiffs. The ruling blocked the law from taking effect.
Lawyers for New Mexico were unhappy with the outcome and filed for an en banc hearing with the 10th Circuit. An en banc hearing, if granted, vacates the panel’s decision, and the full bench would rehear the case and issue a ruling. An en banc hearing is not a right. The Court can deny the rehearing and let the panel’s decision stand. The state was confident that the Court would take the case en banc, since state en banc requests are usually granted. The 10th Circuit had other plans, though.
The 10th Circuit Court of Appeals denied the state’s request, indicating that most judges likely agreed with the panel’s decision. This denial of an en banc hearing means the state’s 7-day waiting period for firearm purchases cannot be implemented or enforced. This legal victory for Second Amendment activists will maintain the status quo of no waiting periods in New Mexico.
New Mexico can file a petition for a writ of certiorari with the United States Supreme Court, but the Court has a history of denying certiorari in interlocutory appeals. An interlocutory appeal is a challenge to a non-final court order made while a case is still ongoing. The case is more likely to return to the District Court, where arguments on the merits will be held. The outcome and likely appeal could shape the legality of waiting periods nationwide and set up a future circuit split.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.

from https://ift.tt/ZbGzf9d
via IFTTT











