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Published On: August 19, 2025 Updated: August 19, 2025 BYLarry Z
The Tenth Circuit Court of Appeals just dropped a major ruling for gun owners, striking down New Mexico’s seven-day waiting period on firearm purchases.
The court held that the law burdens conduct protected by the Second Amendment and doesn’t line up with any historically recognized exceptions.
According to the opinion, cooling-off periods may have modern policy goals, but they don’t fit the historical framework the Supreme Court requires.
That made the law unconstitutional on its face. The decision came in an NSSF-backed case, and it marks another pushback against states attempting to add hurdles between citizens and their right to keep and bear arms.
The NSSF noted that this ruling doesn’t take effect immediately. By rule, the earliest the mandate can issue is 21 days from the decision. New Mexico could also seek an en banc rehearing, which would delay things further.
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Once the mandate drops, the ruling effectively allows firearm transfers after a “proceed” response from the NICS background check system, without the waiting period. However, individuals with a “delayed” NICS response are still in a gray area.
The court left it to the lower court to sort out how an injunction will apply in those cases. Until that’s clarified, NSSF advises FFLs to continue following the law for delayed responses.
This case underscores the ongoing legal battle over waiting periods. For gun owners, especially in rural areas or for those facing immediate threats, waiting days before taking possession of a firearm can mean the difference between life and death.
The Tenth Circuit’s ruling reinforces that the Second Amendment protects not just ownership, but timely access.
For now, the industry is watching closely. Retailers and gun owners should keep an eye on updates, since New Mexico officials may try to push back through the courts.
But make no mistake—this decision is a significant win for Second Amendment rights in the Tenth Circuit.
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