Gun rights organizations launch fresh federal challenge to New Mexico firearm delay

Several gun rights organizations filed a new federal lawsuit on Tuesday challenging New Mexico’s continued enforcement of a weeklong waiting period for firearm purchases. The National Shooting Sports Foundation, the National Rifle Association, and half a dozen other groups brought the action against New Mexico Attorney General Raúl Torrez.

The dispute centers on House Bill 129, enacted by lawmakers in 2024 to establish a seven-day cooling-off period between passing a background check and receiving a firearm. Proponents of the law argue that waiting periods can help prevent impulsive gun deaths, while opponents contend the policy unfairly burdens law-abiding citizens.

Prior legal battles and court orders

The latest challenge follows earlier litigation initiated on May 15, 2024, when individual plaintiffs Samuel Ortega and Rebecca Scott sued Governor Michelle Lujan Grisham. After initial setbacks in district court, the 10th Circuit Court of Appeals reversed the decision and found the law unconstitutional for those specific plaintiffs. Following that ruling, U.S. District Judge James Browning granted a preliminary injunction and summary judgment blocking the state from applying the waiting period to Ortega and Scott.

Despite those rulings, the National Shooting Sports Foundation and the NRA argue that state officials are violating federal court orders by continuing to enforce the waiting period against everyone else. The plaintiffs contend that once an appellate court deems a law unconstitutional, state officials are obligated to follow suit rather than limit relief only to the named parties in a lawsuit.

Legal arguments and historical standards

In their 20-page complaint, the gun advocacy groups rely on the U.S. Supreme Court’s 2022 decision in NY State Rifle & Pistol Association Inc. v. Bruen. That ruling instructs courts to evaluate modern firearm restrictions by comparing them to historical traditions from 250 years ago at the nation’s founding. The plaintiffs argue that historical waiting periods were designed to allow adequate time for background checks rather than to address potentially rash behavior.

Legal teams representing the foundation include Carter Harrison at Harrison & Hart in Albuquerque and Michael McCoy at the Mountain States Legal Foundation in Lakewood, Colorado. Meanwhile, Governor Lujan Grisham appealed a related district court decision in September, and the 10th Circuit is also reviewing a separate three-day waiting period from Colorado.

What this means for gun buyers

Ordinary citizens purchasing firearms in New Mexico will continue to face the seven-day waiting period unless they are specifically covered by prior court exemptions. The new federal complaint seeks to halt enforcement more broadly, but no immediate deadline or final court order has yet been issued to lift the rule for all buyers.

Consumers affected by the waiting period should monitor ongoing court developments and check current store policies. Anyone facing unique legal questions regarding firearm purchases or state regulations may wish to consult an attorney specializing in Second Amendment rights for personalized guidance.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 21, 2026.