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10th Circuit Halts New Mexico’s 7-Day Gun Waiting Period

Judges said cooling-off periods lack historical grounding under the Supreme Court’s 2022 test.

Firearms are on display at a gun shop near Albuquerque, New Mexico, on September 11, 2023.

Overview

  • The appeals court put enforcement of the seven-day wait on hold pending the outcome of the case.
  • A split 2-1 panel concluded the law likely burdens conduct protected by the Second Amendment.
  • Judge Matteson Tymkovich wrote that cooling-off periods do not fit historically grounded exceptions to the right to keep and bear arms.
  • The ruling sends the lawsuit back to a federal district court for further proceedings.
  • The statute took effect in May 2024 with a concealed-permit exception, and two residents sued citing self-defense needs as lawmakers defended the delay as aiding background checks.