On Monday, pro-Second Amendment groups took legal action against New Mexico, claiming the state is ignoring a federal appeals court ruling that deemed its waiting period for gun purchases unconstitutional.
In August 2025, the Tenth Circuit Court of Appeals invalidated New Mexico’s waiting period, overturning a previous ruling from Senior United States District Judge James O. Browning, who was appointed by George W. Bush. The complaint filed by organizations like the National Shooting Sports Foundation (NSSF), National Rifle Association (NRA), Second Amendment Foundation (SAF), and the New Mexico Shooting Sports Association alleges that Democratic New Mexico Attorney General Raul Torrez is bypassing a summary judgment granted on August 28.
“Unfortunately, New Mexico does not seem to get the message,” the organizations stated in their complaint. They highlighted that, since the Ortega case involved only two plaintiffs, the New Mexico Department of Justice believes it can continue applying a law that the Tenth Circuit has labeled as “obviously unconstitutional” to everyone else in the state.
After the district court’s summary judgment, local officials argued that the ruling was relevant only to the plaintiffs, Paul Ortega and Rebecca Scott. Michael Coleman, communications director for Governor Michelle Lujan Grisham, indicated that “the order only states that the two named plaintiffs are able to purchase firearms without having to go through the waiting period. The law remains in effect otherwise.”
The pro-gun groups contended that New Mexico has made it clear it won’t comply with the Tenth Circuit’s ruling unless ordered by a court to do so. They are seeking a ruling to once again declare HB129 unconstitutional concerning firearm sales to individuals who meet federal background check requirements and to prevent New Mexico from enforcing the law against them and their customers.
The ongoing disagreement over the constitutionality of waiting periods has created a “circuit split,” raising the possibility that the Supreme Court may address the matter. Attorneys for Andrea Beckwith had filed a petition on August 25 for the justices to take up her case after the First Circuit Court of Appeals reversed a ruling against Maine’s 72-hour waiting period.
In September 2023, Governor Grisham issued an order banning firearms in parks and playgrounds in Albuquerque, the largest city in New Mexico, citing public health concerns.
