The National Rifle Association (NRA) has filed a lawsuit in federal district court in New Mexico, challenging the state’s new waiting period law for firearm purchases. The lawsuit, Ortega v. Grisham, was filed in collaboration with the Mountain States Legal Foundation.
New Mexico’s “Unlawful Sale of a Firearm Before Required Waiting Period Ends Act” mandates a seven-day waiting period before a firearm purchaser can take possession of the weapon, even if they pass a background check immediately. While the law exempts concealed carry permit holders, it does not provide exceptions for urgent situations, such as imminent threats to the buyer’s safety.
“The NRA fights every day in Washington, DC, state capitals, and when necessary, the legal arena, to protect the constitutional freedoms of law-abiding Americans and NRA members,” said Randy Kozuch, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “The State of New Mexico’s waiting period law is a clear violation of its citizens’ Second Amendment rights – needlessly delaying their ability to acquire a firearm for self-defense or sporting purposes. With this legal challenge, NRA is committed to seeing that this unconstitutional law be wiped from the state statutes.”
The NRA is suing New Mexico Governor Michelle Lujan Grisham and Attorney General Raúl Torrez, arguing that the waiting period infringes upon both the Second Amendment and the Fourteenth Amendment, which applies the Second Amendment to the states. The NRA has also requested a temporary restraining order and preliminary injunction to prevent the enforcement of the law during litigation.
The lawsuit, filed by plaintiffs Samuel Ortega and Rebecca Scott, details how the waiting period law has impacted their attempts to purchase firearms. Ortega and Scott both passed federal background checks but were unable to take possession of their purchased firearms due to the waiting period requirement. They argue that the law unnecessarily burdens their Second Amendment rights.
According to the lawsuit, “The right to keep and bear arms recognized in the Second Amendment is made applicable to the states by the Fourteenth Amendment. The Waiting Period Act burdens the right of residents of the State of New Mexico, including Plaintiffs, in exercising their right to keep and bear arms, a right which is explicitly protected by the Second Amendment.”
The lawsuit further contends that there is no historical precedent for such a waiting period, stating, “It is impossible for the State to meet this burden because there is no historical tradition of firearms being regulated in this manner either at the time of our founding and the ratification of the Second Amendment, or during the Reconstruction era and the ratification of the Fourteenth Amendment.”
The NRA and the plaintiffs seek a declaratory judgment that the waiting period law is unconstitutional, a temporary restraining order and preliminary injunction to halt its enforcement, and other relief as deemed appropriate by the court.
The GOA should also be involved…
Agreed 💯
I need to learn more about GOA. Seems to be a proactive group and perhaps more active in NM than many of us are aware.
Have been a member of the NRA as that is a requirement to be a member of my local gun club.
The GOA is great. They are real fighters for our constitutional rights. The NRA really screwed Americans in Tennessee. They made felons of people who were not violent felons who had their concealed carry permits already with bill that they helped get passed.
Congratulations to the NRA and the two plaintiffs! Thank them all for standing up for our 2nd and 14th Amendment rights to keep and bear arms.
I want to join in as a party… I do not belong to the NRA though. I am a 50 year resident of New Mexico, excluding 6 years of my military service in Korea and California… which includes 30 years as a police officer in New Mexico… I do not have a concealed carry permit, even though it would cost me nothing to apply…My Santa Fe police officer certification number 88-0051 is probably expired.
So…? I got to wait 7 days like everybody else…which is like..bullsh*t. This “cooling off” period is a bunch of cr*p. It does nothing other than infringe and obstruct my constitutional right to trade, sell or buy another toy for my collection…
Anybody out there know who I can call to join this?
Go on the NRA website and pay for the membership
See there’s the issue Dustin… Joining an organization to insure you can be compensated over an unjust unconstitutional law.
Going on your own is the way that the Democratic Party of NM wants you to do…that way they can use unlimited resources against the individual whos revenue sources are limited… like mine.
As of Saturday June 1, 2024, I am currently in the process of waiting… for this 7 day bullsh*t.
Now Im being told that I should be forced to pay membership dues to an organization to seek restitution is the same idea of paying a “tax” to make sure I have a Constitutional Right.
Its a damn shame we don’t have an ocean nearby the steps of Santa Fe and a boat in dock unloading crates of tea and dumping it in the sea water…
Maybe we can find a sand dune and a quad runner that can tow a trailer in between the mesquite bushes perhaps?
Is that how you make sure your rights will be guaranteed to be an American are now in New Mexico?
Thank you NRA– yes I am a member! I’m hoping they(NRA), hand her ass to her and the courts fine her severely!! The best thing that can happen to New Mexico is Loserjan be arrested and dragged out of the roundhouse in handcuffs! And take that useless Torres with her!
Agree
Please read the US and the NM constitutions and the new law must be wiped off the books. Why do we have constituents that a governor can override? If the citizens vote and over ride either constitution that is fine but with the vote of a state legislature and the pen of a governor it is not legal. All who voted for it and signed it into law have violated the NM constitution and should be punished for doing so. Failure to punish violators of our constitution after taking an oath to it, is a failure of the state and the attorney general needs to take action. It is like the NM attorney general in NM is as corrupt as the attorney general in DC.
The Diminutive Dictator, like all DemocRats, doesn’t give a damn about the Constitution… they believe they are above the Law.
Take out the mandatory background check for private party sales while you’re at it. Besides being unenforceable it is a violation of your constitutional rights.
so how long do the criminals & terrorists have to wait?!?!
I like to add my thanks to the NRA and all others who resist civilian disarmament. It’s amazing how hard MLG and her like-minded sycophants have tried so hard for gun control and accomplished so little.
Could it be that the right to bear arms is ingrained in the states proud heritage and even the left of center legislature knows it?
Firearms Policy Coalition. http://www.firearmspolicy.org
They are usually at the forefront of defending the 2nd Amendment.
Will join NRA.
Join GOA instead. They do more for gun rights than NRA
Join GOA instead. They do more for gun rights than NRA. We quit the NRA because of it.
The right to bear arms shall NOT be infringed, MLG.
The 14th Amendment requires the States to follow the US Constitution. So, right now, no State should be able to make ANY law restricting or “infringe” on gun ownership. However, that is a mixed bag. I believe the 14th Amendment should be abolished. It essentially destroyed our Republic and destroyed States Rights. With out it a State could outlaw guns. However, it would let States limit speech, have a State Religion, and most importantly, do away with control of businesses and limit affirmative action and civil rights. IE: Brown vs the Board of education would be invalid.
NRA trumps MLG