ALBUQUERQUE, N.M. — A panel of federal appellate judges ruled in a 2-1 decision Tuesday to block the 7-day waiting period to purchase firearms in New Mexico.

The panel ruled the law “likely” infringes on citizens’ Second Amendment rights, stating it doesn’t fit into “any historically grounded exception”.

The waiting period went into effect in May 2024 with the passage of New Mexico House Bill 129 and Gov. Michelle Lujan Grisham signing it into law. The law established a statewide 7-day waiting period for the purchase of firearms.

When the governor signed the waiting period into law, the federal government required a period half as long.

The law carved out exceptions for concealed permit holders, federal firearms licensees and transactions between law enforcement officers, law enforcement agencies and immediate family members.

Two New Mexico residents had sued, citing concerns about delayed access to weapons for victims of domestic violence and others. The National Rifle Association also challenged the waiting period.

The decision to block the law puts it on hold for now as the case goes back to a lower court.

Statement from New Mexico Gov. Michelle Lujan Grisham

“Today’s decision by the Tenth Circuit Court of Appeals is deeply disappointing, plainly wrong and likely to cost lives in New Mexico. New Mexico’s waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights. The dissenting opinion in today’s ruling even notes that New Mexico’s law “is likely to save approximately thirty-seven lives per year.

This ruling ignores a recent binding Tenth Circuit precedent that upheld Colorado’s law barring gun purchases by anyone under the age of 21—a law that requires 18-year-olds to wait three years to purchase a weapon. The ruling also mischaracterizes New Mexico’s gun purchase waiting period, saying it applies to “everyone” when, in fact, it doesn’t apply to those who sell guns to immediate family members, those with a concealed carry permit, and law enforcement officers.

The evidence is clear––waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis. I’m disappointed that today’s ruling doesn’t take this into account. We are reviewing our legal options in reaction to today’s misguided ruling by the Tenth Circuit Court of Appeals.”

Statement from New Mexico Senate Republican Leader Bill Sharer

“The clear language of the 2nd Amendment says that ‘the right of the people to keep and bear arms SHALL NOT BE INFRINGED’. Criminals certainly don’t wait seven days before breaking into our homes and threatening our families and properties… what sense does it make to require law abiding citizens to wait seven days before being able to defend themselves?”

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