Federal Court Halts New Mexico’s Gun Purchase Waiting Period
A federal appeals court has temporarily suspended a seven-day waiting period for gun purchases in New Mexico, suggesting that it likely violates citizens’ Second Amendment rights. The decision, made by a 2-1 majority at the 10th U.S. Circuit Court of Appeals, puts the law on hold pending further legal battles and sends the case back to a lower court.
This waiting period was implemented last May and aimed to allow for additional time for federal background checks, with exceptions for those holding concealed carry permits. It was a measure introduced by Democrats to enhance safety but faced legal challenges almost immediately.
Judge Timothy Tymkovic, writing for the majority, expressed that the waiting period does not align with historical interpretations of the right to bear arms and poses an unconstitutional burden on citizens. “It seems that New Mexico’s Waiting Period Act might infringe on the Second Amendment,” he stated.
The lawsuit challenging the law was brought by the Mountain States Legal Foundation and the National Rifle Association on behalf of two residents. They argue that the waiting period unconstitutionally obstructs access to firearms, especially for victims who may need immediate protection.
Michael McCoy, from the Mountain States Legal Foundation, celebrated the ruling, indicating that it allows New Mexicans to purchase firearms promptly without delays. He mentioned, “The court has established that there are no similar laws historically to uphold such waiting periods.”
On the other hand, Judge Scott Matheson, who dissented, argued that the waiting period was a reasonable precaution and did not serve abusive purposes. Meanwhile, Governor Michelle Lejean Grisham expressed disappointment regarding the court’s decision, claiming it could potentially cost lives. She highlighted that the intent of the waiting period was to prevent impulsive acts of violence and allow individuals time to reflect on their decisions during crises.
Since taking office in 2019, Grisham has signed multiple gun control measures, including the “Red Flag” Act, designed to remove firearms from individuals deemed a threat to themselves and others. Earlier this year, she declared a state of emergency in Albuquerque due to rising crime rates, calling on state forces for support.
Legal experts note that this ruling could have implications for other states with similar gun purchase restrictions. New Mexico’s waiting periods apply to sales from licensed dealers for both handguns and rifles, leaving out only certain exceptions for specific groups. As of now, state officials have not indicated whether they will pursue a review of the ruling or appeal to the U.S. Supreme Court.
