Victory in the Tenth Circuit: New Mexico’s 7-Day Waiting Period Struck Down

The Tenth Circuit Court of Appeals just handed gun owners a major win. In a 2–1 decision on August 19, 2025, the court held New Mexico’s seven‑day firearm‑purchase waiting period unconstitutional and ordered a preliminary injunction blocking enforcement while the case proceeds in the lower court. The case, Ortega v. Grisham, is a big step in restoring the Second Amendment in the Southwest—and we’re all for it.

What the Court Said

Applying the Supreme Court’s Bruen standard, the majority concluded that modern “cooling‑off” delays lack historical roots and therefore cannot be imposed on law‑abiding citizens as a condition of exercising a constitutional right. In plain English: if the government can’t point to a historical analogue, it can’t make you wait to take possession of a gun you’re legally allowed to buy.

Judge Tymkovich writing for the majority compared the burden of waiting a week  to get a gun to the burden of a one week delay on free speech or church attendance, clearly suggesting such delays would be obviously unconstitutional.

What the Law Tried to Do

New Mexico’s 2024 law (HB 129) required buyers to wait seven calendar days between purchase and transfer—even after a successful background check. There were narrow carve‑outs (for example, concealed carry permit holders and law enforcement), but ordinary citizens were forced to sit and wait. For people facing immediate threats—like domestic violence victims—a mandatory delay isn’t “common sense.” It’s potentially deadly.

Why This Win Matters (Especially if You Live in Colorado)

This decision doesn’t just affect New Mexico. The Tenth Circuit covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. As a Colorado resident, I’m watching this closely. Colorado imposed a minimum three‑day waiting period in 2023.

The logic from Ortega is simple and powerful: if a seven‑day delay can’t be justified under history and tradition, a three‑day delay has the same problem. We’re optimistic this ruling will ripple outward and force other states—including my own—to rethink or repeal delay laws that serve politics more than public safety.

The Bottom Line

Rights aren’t rationed on the government’s timetable. The Tenth Circuit recognized that and pumped the brakes on New Mexico’s delay scheme. We’re celebrating this win and tracking what comes next as the case returns to the district court. Momentum matters—and this is momentum in the right direction.