Gun Groups Sue New Mexico Over Selective Gun Waiting Period Enforcement
Gun rights advocates sue New Mexico over selective enforcement of seven-day waiting period.
Why it matters: This lawsuit highlights ongoing legal conflicts over Second Amendment rights and how waiting period laws are applied, important for litigators and policy professionals watching firearm regulation enforcement.
- New Mexico's House Bill 129, enacted in 2024, imposes a seven-day waiting period for firearm purchases.
- The Tenth Circuit struck down the waiting period law as unconstitutional in August 2025.
- Despite this ruling, New Mexico only exempted two plaintiffs—the Ortega case—from the waiting period.
- On October 20, 2026, gun rights groups filed a lawsuit challenging the state's selective application of the law.
- The lawsuit argues that the state’s selective enforcement violates the constitutional rights of all gun buyers in the plaintiff organizations.
New Mexico's gun control law, House Bill 129, introduced in 2024, requires a seven-day waiting period even after background checks clear buyers for firearm purchases. The law quickly faced legal challenges.
In August 2025, the Tenth Circuit Court of Appeals ruled this waiting period unconstitutional, affirming Second Amendment protections.
Despite the ruling, New Mexico continued to enforce the waiting period, applying the injunction narrowly only to the two original plaintiffs from the Ortega case. This selective enforcement prompted criticism from gun rights advocates.
On October 20, 2026, a coalition including the Second Amendment Foundation, National Rifle Association, and National Shooting Sports Foundation filed a new lawsuit. They contend that the state's ongoing enforcement against all others is unconstitutional and unfair.
Lawrence Keane, Vice President of the National Shooting Sports Foundation, stated, "Criminals do not purchase firearms at retail and do not submit to a waiting period before illegally obtaining a gun." He further criticized New Mexico's leadership: "Governor Michelle Lujan Grisham and Attorney General Raúl Torrez are blatantly and unconstitutionally enforcing New Mexico's seven-day waiting period law, despite it having twice been held to violate Second Amendment rights of law-abiding New Mexicans."
The lawsuit seeks to extend the Tenth Circuit’s ruling to all members of the plaintiff organizations, arguing that selective enforcement infringes on constitutional rights and raises questions about equal treatment under the law.
By the numbers:
- 7 days — Waiting period imposed by New Mexico's House Bill 129 (2024)
- August 2025 — Tenth Circuit declares waiting period unconstitutional
- October 20, 2026 — Lawsuit filed by gun rights groups against selective enforcement
Yes, but: New Mexico has not publicly detailed why it continues enforcing the waiting period against all but the original plaintiffs despite the appellate court ruling invalidating the law.
What's next: The pending lawsuit will determine whether the Tenth Circuit’s ruling can be extended statewide, potentially ending New Mexico's selective application of the waiting period.