Court says ‘no thanks’ to state’s bid to save 7-day gun waiting period

A federal appeals court has declined to revisit its decision striking down New Mexico’s seven-day waiting period for most firearm purchases, leaving the law blocked while the state weighs its next move.

Earlier this week, the U.S. Court of Appeals for the Tenth Circuit denied a request from state attorneys to rehear the case before the full court, known as an en banc review. That request followed an August ruling by a three-judge panel that concluded New Mexico’s 2024 “Waiting Period Act” violates the Second Amendment.

The decision means the appeals court’s earlier ruling remains in effect, temporarily halting enforcement of the law, which required most gun buyers to wait seven days before taking possession of a firearm.

In a dissent accompanying the court’s refusal to grant a rehearing, Appeals Court Judge Richard E.N. Federico argued the panel’s decision disregarded what he described as serious public safety concerns tied to firearms regulation in New Mexico. Federico wrote that the law was enacted in response to high levels of gun violence and was intended to curb impulsive acts of violence and suicide.

Federico also warned that the ruling could create legal uncertainty within the Tenth Circuit, noting it may conflict with earlier appellate decisions upholding certain firearm restrictions in other states. He said the outcome could complicate how lower courts address future Second Amendment challenges across the region.

“This appears to be the first time the Tenth Circuit has struck down a firearms statute as unconstitutional under the Second Amendment,” Federico wrote, adding that the ruling could have “widespread ramifications” beyond New Mexico, as reported by the Albuquerque Journal.

The law at issue was signed in 2024 by Gov. Michelle Lujan Grisham and applied broadly to firearm purchases statewide, with limited exceptions for concealed carry permit holders and transfers between immediate family members.

The case originated when two New Mexico residents challenged the law shortly after it took effect. A federal district court initially upheld the statute, but the plaintiffs prevailed on appeal. One of the challengers, Samuel Ortega, argued that the law imposed an indiscriminate waiting period even on individuals who pass background checks immediately, distinguishing it from other firearm regulations upheld in court.

In his dissent, Federico also cautioned against relying on potential future intervention by the U.S. Supreme Court to resolve the issue, warning that the absence of a rehearing leaves Second Amendment jurisprudence unsettled within the circuit.

The Tenth Circuit’s jurisdiction covers New Mexico, Colorado, Kansas, Oklahoma, Utah, and Wyoming.

Following the latest court action, New Mexico House Republicans issued a sharp rebuke of the governor’s gun control efforts.

“The courts just shut down the Governor’s gun control push…again. A federal appeals court refused to back Governor Lujan Grisham and told the lower court to suspend the 7-day waiting period while the case continues. Blaming law-abiding gun owners for crime isn’t just bad policy, it doesn’t hold up in court. Despite this ruling, will progressive lawmakers continue to pursue more of these unconstitutional gun control bills during the 2026 legislative session?”

For now, the seven-day waiting period remains unenforceable as the state considers whether to seek review by the U.S. Supreme Court or pursue other legal avenues.