In a new ruling, a New Mexico judge has upheld the state’s new anti-gun law forcing citizens to wait seven days before purchasing a firearm. The decision, handed down by the United States District Court for the District of New Mexico’s James O. Browning, denied a motion for a temporary restraining order and preliminary injunction filed by plaintiffs Samuel Ortega and Rebecca Scott. The plaintiffs argued that the Act violated their Second Amendment rights by unduly burdening their ability to purchase and possess firearms.
The court’s decision heavily relied on colonial-era historical precedents to justify the modern regulation. Judge James Browning cited early American laws that restricted firearm ownership for specific groups, such as Native Americans and Black slaves, to argue that the United States has a long history of regulating who can possess firearms. These historical laws, the judge noted, were designed to prevent individuals deemed dangerous from acquiring weapons, a principle that underpins the current Waiting Period Act.
“Colonial lawmakers, fearing the consequences of unregulated access to firearms and munitions, sought to regulate the sale of firearms and munitions,” the ruling stated. By referencing laws from the 18th and 19th centuries that prohibited the sale of firearms to Native Americans and Black slaves, the court argued that similar regulatory measures have existed since the founding of the nation.
The primary issue before the court was whether the Waiting Period Act infringed upon the Second Amendment rights of New Mexico citizens by imposing a mandatory delay on firearm purchases. The plaintiffs contended that the Act arbitrarily delayed their right to obtain arms, with significant criminal penalties for violations. However, the court found that the plaintiffs did not demonstrate a likelihood of success on the merits of their constitutional claim.
Judge Browning emphasized that the Act’s seven-day waiting period is consistent with historical traditions of firearm regulation against Black slaves and Native Americans.
The ruling has significant implications for gun control measures in New Mexico and potentially sets a precedent for other states considering similar regulations. The judge highlighted the rise in firearm-related deaths in the United States and New Mexico, underscoring the public safety rationale behind the Act, despite proving no correlation between legal guns being the culprit for so-called “firearm-related deaths.”
“New Mexico’s age-adjusted firearm death rate increased by eighty-seven percent between 2010 and 2021,” Browning’s ruling pointed out, citing state health department reports.
By upholding the Waiting Period Act, the court has reinforced the state’s ability to enact gun control measures aimed at reducing violence and ensuring that firearms are kept out of the hands of individuals who may pose a danger to themselves or others.
Following the ruling, the Firearms Policy Coalition wrote on X, “A New Mexico federal judge denied a motion for preliminary injunction against the state’s firearm waiting period today, saying that the law is historically supported by bans on gun sales to Native Americans and slaves,” sharing a screenshot of one of the ruling’s pages.
WOW, wasn’t expecting that to be the justification….talk about actually basing something on being racist, if a conservative said something like that it would be across the airwaves and internet nationwide.
The statistics judicially cited aren’t relevant to the ruling. Grisham stated the wait was needed so people would not obtain a firearm and immediately commit suicide or a crime with it, a cooling off period. The statistics used are overall and not specific to Grisham’s words. This is just another judge ruling based on politics, not facts or even common sense and he threw in racial discrimination as an additional basis for the ruling.
When NM joined the United States in 1912, Colonial rule and law ended. Now it is all about the U.S. Constitution and its Amendments. Humans have restricted others merely for control and power. Digging up an archaic law from a time where the Lords were fearful of the people is actually interesting. (Think about it…)
Here is the actual problem. New Mexico votes Democrat. Therefore, whether the laws are old, relevant or actual, the Dems will only apply those that work toward their agendas.
BTW, have you noticed how many crossbows are out on the streets these days? A crossbow is legal, anyone over 18 can buy one, they are silent and lethal. Apparently law enforcement has no issues with it.
This is a perfect picture of the saying: “you will strain at a gnat but swallow a camel.”
Do Better New Mexico!
Rev. Rico
Law enforcement in New Mexico is generally very supportive of citizens owning firearms and carrying publicly, concealed or not. The Sheriff’s opposed the seven-day waiting period and it needs to be found un-Constitutional.
He should learn to read and then read both the NM and US constitution. It is pretty easy to understand even with NM’s bad schools most understand it.
Oh great. Just what we need, another judge that rules on pure nonsense.
See people another pos democrat in NM
I understand that he is a Republican which just goes to show that stupidity comes in all shapes and sizes..
“When NM joined the United States in 1912, Colonial rule and law ended. Now it is all about the U.S. Constitution and its Amendments.”
Mario, you are absolutely correct.
How unfortunate this judge does not recognize the rule of law in this country. It appears he is a racist based on his ruling.
as long as the dems are in control nothing will ever change
You are absolutely right on this one and the oppressed seem to keep voting in their oppressors. Wake up NM and remember that the bad guys will just go to another state or buy on the black market for guns. We have so many fools in the legislature and judges.
Kick all those communists and their comrades out of office.
The courts have been stacked with communist functionaries , which has been part of the plan all along. The lawsuit wasn’t about restricting gun ownership, ie ,as convicted felons are not allowed to legally purchase firearms . The ruling is about placing stumbling blocks on citizens utilizing their 2nd amendment rights and “ foot in the door” legislation “ for further erosion of our constitutional rights. Like the old Soviet Union these functionaries must creatively find ways to prohibit patriot citizens from defending themselves against a predator government run amok. The very reason the founding fathers codified the 2nd amendment. Perhaps they had visions of hateful tyrants like MLG and The ruling judge in mind !
Colonia/Revolutionary Wars = Independence.
Slaves prohibited= demolished law as racist unconstitutional.
Indian prohibition= we were in an declared/undeclared war during nation building that ended with reservations where those laws were unconstitutional.
Japan attacked 1941= Interment camps and weapons prohibitions under the DNC leadership determined to be unconstitutional.
Using old archaic laws from the15th,16th, 17th 18th 19th centuries determined to be based on todays world versus that time to justify gun control is ignorant as f***, but permitted by the DNC leadership.
Using newer common sense laws prohibiting firearms possession by certain persons from the 19th, 20th and 21st centuries, (felons-mentality ill, spousal abusers, suicidal) is not a fundamentally sound option for the majority led NM DNC judiciary to use as a just ruling.(sarcasm inserted here)
Ignorance begets stupidity and creates unrest around sane civil men and women.
I’ve been denied and mandated to wait 7 days. BS… its a gun control registry being created for the ATF and the DNC. Its been a month or two since I purchased… Since purchasing, those firearms have not illegally killed anyone AND those firearms haven’t killed anyone permitted by laws either…Amazing don’t you think? I’m thinking the NM political party of the DNC does….
Another 6 days have passed since I posted…and my firearms have still not killed anyone legally…or illegally.
I mean like, what gives DNC of NM? Why are my firearms not legally or illegally killing people hand over fist?
Can anyone help describe this truly amazing fact? Anyone? You can be a Democrat and answer too, it would be annoying as h*ll but Its ok.
Why haven’t my firearms killed anyone legally or illegally since I purchased them? Anyone? Members of Antifa? Members of BLM? How about the KKK? The Anti Defamation League? Southern Poverty League? FBI? DEA? Police of Sheriff? State Police?
Can anyone describe in specific detail why my new gun purchase haven’t killed anyone? I’m simply stunned at this juncture in time… You must be too, especially if your a Democrat.
To all those liberal left DNC members in NM… my firearms haven’t killed anyone since coming into my possession. Id like you to explain why they haven’t, but better yet… why you pass laws infringing on my God given Constitutional Rights to interfere with my purchasing of them.
CARRY IT TO A HIGHER COURT! ASAP!
Agreed… who pays the litigation costs?
I belong to 3 different Pro gun groups.
Prior to this Governors term I belonged to none.
GOA, NMSSA and AGO… Not the NRA since I contribute though MidwayUSA every time I buy stuff.
Until a court with jurisdiction, and competency (as both are required for a just sentence and finding), reverses this cr*p, and holds those accountable, financially & criminally or civilly…INDIVIDUALLY…i.e loss of retirement, following the rules of civil bankruptcy processes, or incarceration and seizure of assets by those responsible for this cr*p. Then and only then will justice be delivered. And if they die prior to judgement, their entire property assets be seized so their next of kin does not accumulate illicit wealth.
Then I will applaud the judiciary.
Until then, the DNC of NM controls all 3 divisions of gooberment and I see no justice until that choke hold on the honest, poor and law abiding in this sh*thole DNC led State being reversed.
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Remember this in November! Never vote for an incumbent judge. Our appeals court and state Supreme Court has got to change. We have to get rid of these Emerge judges.
The rebuttal would be that the slaves being forbidden to own guns in itself was unconstitutuional. We were at war with the Indians. A little known fact is that during that same era, every male from the age of 16 was required by law to own and carry a well functioning firearm at all times. Perhaps that law should be reinstated. Less violence when eveyone is armed. Im sure the Dems’ heads would spin if that were to be introduced into legislation.
One of the tenets of the nra in 1871 was to assure the freedmen (ex slaves) had the ability to arm themselves.
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So, using the judge’s reasoning, this gun law should not apply to White people.
These articles need to be posted on all social media, let the country know what is happening in N.M.
Poorly thought out decision. Essentially it stares that because certain laws in the 18th century denied rights of gun ownership to disadvantaged groups, we can all be denied those rights. It ignores the plain text of the 14th Amendment which outlawed such restrictions.
She continues to fail downward!
All States are held to the 14th Amendment which holds the States to obey the US Constitution. That means all laws like this that inhibit your access to a firearm are UNCONSTITUTIONAL. Why SCOTUS allows States to ban certain guns is beyond my thinking. Stores cannot keep out blacks; that means they cannot keep out guns.