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Appeals Court Halts New Mexico’s 7-Day Gun Waiting Period in 2–1 Ruling

The panel deemed the measure likely unconstitutional under Bruen pending further proceedings in the district court.

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Overview

  • A 10th U.S. Circuit panel voted 2–1 to block New Mexico’s waiting-period law, leaving it unenforceable while the case returns to the lower court.
  • Judge Timothy Tymkovich wrote that cooling‑off periods lack a historical analogue and likely burden conduct protected by the Second Amendment under the Bruen test.
  • The lawsuit, filed by the Mountain States Legal Foundation and the NRA for two residents, argues the delay hinders timely self‑defense, including for domestic‑violence victims.
  • Enacted in May 2024, the law applied to licensed dealer sales with misdemeanor penalties and exemptions for concealed‑carry permit holders, law enforcement and immediate family transfers.
  • Gov. Michelle Lujan Grisham criticized the decision as harmful to public safety, while officials have not said whether they will seek en banc or Supreme Court review, and legal observers note possible effects on similar laws in other states.