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NRA Files Lawsuit Challenging New Mexico’s 7-Day Waiting Period Law

shanneba

Professional
Monday, October 19, 2026

Today, the National Rifle Association—along with the National Shooting Sports Foundation, Second Amendment Foundation, New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms, and NRA member Peter Hackett—filed a lawsuit challenging New Mexico’s 7-day waiting period requirement for firearm purchases.

In Ortega v. Grisham, a case brought by the NRA (along with Mountain States Legal Foundation and NSSF) and litigated by a legal team that included NRA-ILA counsel, the U.S. Court of Appeals for the Tenth Circuit held that New Mexico’s waiting period violates the Second Amendment. But the state has continued to enforce the waiting period, claiming that the Ortega ruling applies only to the two individual plaintiffs in the case. Consequently, the NRA has filed this additional lawsuit to secure broader relief.

Under New Mexico’s law, nearly all prospective firearm purchasers must wait seven calendar days before taking possession of a firearm, even if they pass a background check immediately. The law imposes an arbitrary “cooling-off” period that is unrelated to determining whether a purchaser is legally eligible to possess a firearm. Violating the law is a misdemeanor for both the buyer and the seller.

 
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