US appeals court blocks New Mexico’s 7-day waiting period on gun purchases
- A federal appeals court ruled that New Mexico’s seven-day waiting period on gun purchases likely infringes on citizens’ Second Amendment rights, pausing the law during a legal challenge.
- Judge Matteson Tymkovich stated that cooling-off periods do not fit into any historically grounded exceptions to Second Amendment rights.
- Governor Michelle Lujan Grisham expressed deep disappointment about the ruling, saying it was likely to cost lives.
- The waiting period law was designed to minimize gun violence while respecting Second Amendment rights.
99 Articles
99 Articles
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court ruled New Mexico's gun waiting period law likely violated the Second Amendment, putting the measure on hold pending a legal challenge.
New Mexico’s 7-Day ‘Cooling Off’ Period for Gun Purchases is Unconstitutional, Appeals Court Rules
New Mexico’s seven-day waiting period after the purchase of a gun was ruled unconstitutional by the U.S. Circuit Court of Appeals for the 10th Circuit in a two-to-one decision on Aug. 19. The 2024 law requires a so-called “cooling off period” of seven days before a buyer can take a legally purchased firearm home. This is in addition to passing a background check and proving they can legally own a firearm under the law. Plaintiffs Samuel Ortega a…
Federal Appeals Court Blocks New Mexico’s Gun Sales Waiting Period
Requiring most buyers to wait a week before completing a firearm purchase likely runs afoul of the Second Amendment, a federal appeals court found Tuesday. A divided three-judge panel for the Tenth Circuit Court of Appeals issued a preliminary injunction against New Mexico’s seven-day waiting period requirement for most gun sales. Using the test established by the Supreme Court in the 2022 New… Source
Court Blocks N.M.'s 7-Day Waiting Period on Gun Purchases
Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment's scope, wrote Judge Timothy Tymkovich in the split 2-1 ruling. We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens.
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