NRA Challenges New Mexico Gun Law

PHOTO CAPTION: Arnie Gallegos, owner of ABQ Guns in Albuquerque, New Mexico, handles a handgun in an archival photograph. Gun rights organizations filed a new federal lawsuit on October 19, 2026, challenging the state's continued enforcement of its seven-day firearm waiting period after an earlier court injunction protected only two individual buyers. (Photo by Gabriela Campos / The Santa Fe New Mexican)

National gun rights organizations have filed another federal lawsuit challenging New Mexico's seven-day firearm-purchase waiting period after an earlier court ruling blocked enforcement against just two buyers, leaving the law in effect for most of the state.

The new lawsuit, filed October 19, includes the National Rifle Association, Second Amendment Foundation, National Shooting Sports Foundation and several New Mexico firearm businesses and organizations.

The plaintiffs argue that the state is continuing to enforce a law despite a federal appeals court ruling that found the requirement likely unconstitutional under the Second Amendment.

They want a court order preventing New Mexico from imposing the seven-day waiting period on eligible purchasers who have completed the required federal background check.
Federal Appeals Court Ruled Against Waiting Period
New Mexico adopted the waiting-period requirement in 2024, requiring most firearm purchasers to wait seven calendar days before taking possession of a gun.

The requirement applies even when the purchaser passes the federal background check immediately.

Two New Mexico residents, Samuel Ortega and Rebecca Scott, challenged the law shortly after it took effect.

Both had passed background checks but were required to wait seven days before receiving their firearms.

In August 2025, the U.S. Court of Appeals for the Tenth Circuit ruled that the waiting period likely violated the Second Amendment.

The appellate court found that the constitutional right to keep and bear arms includes the ability to acquire firearms and that New Mexico had not established an adequate historical justification for its mandatory cooling-off period.

The ruling reversed an earlier district court decision that had denied the plaintiffs preliminary relief.

However, the appellate decision did not automatically prohibit enforcement of the law against every gun buyer in New Mexico.
Judge Blocked Enforcement for Only Two Buyers
On August 27, 2026, U.S. District Judge James Browning issued a final order permanently prohibiting enforcement of the waiting period against Ortega and Scott.

The injunction was limited to those two plaintiffs.

New Mexico's Department of Public Safety subsequently confirmed on its website that the seven-day requirement remained enforceable against other firearm purchasers.

That distinction is now at the center of the latest lawsuit.

Gun rights organizations argue that the appellate court established a binding constitutional precedent and that continuing to impose the same waiting period on other eligible buyers violates their rights.

New Mexico officials have maintained that the earlier injunction does not extend beyond the two individuals specifically protected by the court order.

The state also appealed the August district court judgment.
NRA and Other Organizations Return to Court
The new lawsuit, National Shooting Sports Foundation, Inc. et al. v. Torrez, names New Mexico Attorney General Raúl Torrez as the defendant.

Alongside national organizations, the plaintiffs include the New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms and an individual NRA member.

Their complaint seeks a declaration that the waiting period is unconstitutional as applied to buyers who complete the federally required background check.

They also seek a permanent injunction preventing enforcement against those purchasers.

The lawsuit argues that ordinary firearm buyers should not have to file separate legal challenges to obtain protection from a restriction the plaintiffs contend federal precedent has already found unconstitutional.

No court has granted the broader injunction requested in the new case.
Why New Mexico Adopted the Law
New Mexico lawmakers enacted the waiting period in response to concerns about firearm-related deaths, including suicides and homicides.

Supporters argued that delaying access to newly purchased firearms could reduce impulsive acts of violence and provide additional time for background checks.

Research on firearm waiting periods has found evidence that such laws can reduce some categories of firearm deaths, although the extent of their effects differs across studies.

Opponents argue that requiring a weeklong delay after a buyer has already passed the required background check imposes an unnecessary burden on lawful firearm ownership and self-defense.

New Mexico's law includes exemptions for certain purchasers and transfers, including holders of valid New Mexico concealed handgun licenses, federally licensed firearms dealers, qualifying law enforcement transactions and transfers between immediate family members.

Violating the waiting-period requirement can result in misdemeanor charges.
What Happens Next?
The New Mexico governor's office told Searchlight New Mexico that it had not yet been served with the new lawsuit and needed time to evaluate the filing before commenting.

The state Justice Department did not respond to the outlet's request for comment.

The new case could determine whether the existing federal precedent will result in broader restrictions on the state's ability to enforce its waiting-period requirement.

For now, New Mexico's Department of Public Safety continues to instruct firearm buyers and sellers that the seven-day waiting period remains in effect, except for the two individuals covered by the earlier injunction and transactions otherwise exempt under state law.

The latest lawsuit seeks to change that, but the court has not yet issued a statewide order ending enforcement.

(Source: OAF Nation)