The Denver-based 10th Circuit Court of Appeals has denied New Mexico’s petition for an en banc rehearing of the lawsuit challenging the “Land of Enchantment’s” seven-day waiting period for gun transfers. Consequently, an earlier ruling that invalidates the law will stand.
The case Ortega v. Griffin targets a 2024 New Mexico law requiring individuals to wait seven days before taking possession of a newly purchased firearm—even after passing a background check and demonstrating that they are not prohibited from owning firearms. The law also states: “If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer.” Under current federal law, if there is a NICS delay and the system doesn’t respond within three days of the background check, the FFL may complete the transaction.
The National Rifle Association (NRA) and the Mountain States Legal Foundation (MSLF) filed a lawsuit challenging the law the same day it was enacted.
On August 19, a three-judge panel of the 10th Circuit Court ruled that the waiting period violated the Second Amendment.
By Mark Chesnut

