New Mexico Federal Judge Upholds Seven-Day Waiting Period for Gun Purchases
NEW MEXICO (Alamogordotownnews.com) A federal judge in New Mexico upheld the state’s law mandating a seven-day waiting period for gun purchases on Monday. The Waiting Period Act, which came into effect on May 15, was promptly challenged in court. The National Rifle Association of America (NRA), along with the Mountain States Legal Foundation, filed the lawsuit against New Mexico Governor Michelle Lujan Grisham and Attorney General Raúl Torrez on behalf of two state residents. The plaintiffs argued that the waiting period imposes an “unconstitutional burden” on lawful firearm purchasers and infringes upon the Second Amendment.
U.S. District Judge James Browning denied the plaintiffs’ request for a temporary restraining order and preliminary injunction, which sought to halt the law’s enforcement during the ongoing litigation.
In a detailed 104-page ruling, Judge Browning outlined multiple reasons for rejecting the plaintiffs’ motion. Notably, he stated that the Waiting Period Act is “presumptively Constitutional,” as it is a regulation on the commercial sale of firearms. Additionally, he noted that the Act aligns with the nation’s historical tradition of regulating the commercial sale of firearms, which has historically included measures to prevent sales to certain groups to protect public safety.
In response to the ruling, Governor Michelle Lujan Grisham released a statement expressing her approval:
“The judge’s decision confirms that New Mexico’s waiting period is likely constitutional and allows it to remain in effect,” Governor Lujan Grisham stated. “This 7-day cooling-off period makes our community safer by providing a critical buffer against impulsive firearms purchases and ensuring comprehensive background checks are completed. This law is a commonsense measure designed to reduce impulsive gun violence and address a federal background check gap.”
The law will remain in force as the legal battle continues.