A federal judge has ruled against New Mexico’s seven-day waiting period for gun purchases, handing a victory to the National Rifle Association and two state residents who challenged the law’s constitutionality.
U.S. District Court Judge James O. Browning issued the ruling Thursday in the case Ortega v. Grisham, according to Breitbart News. The lawsuit was filed by New Mexico residents Paul Ortega and Rebecca Scott, with backing from the NRA, after both were forced to wait for their firearm purchases even though they had quickly passed background checks, as reported by Source New Mexico.
During the proceedings, the state of New Mexico argued that waiting periods do not violate the Constitution, asserting that the Second Amendment “protects the right to ‘keep’ and ‘bear’ arms — not the right to obtain new firearms instantaneously.” Judge Browning disagreed, ruling that Ortega and Scott could acquire firearms immediately without submitting to the waiting period.
The NRA’s legislative arm, the NRA-ILA, celebrated the decision. John Commerford, a representative of the NRA-ILA, told Guns.com: “A right delayed is a right denied, and the court correctly held that forcing law-abiding citizens to wait after passing a background check cannot be squared with the Second Amendment.”
Governor Michelle Lujan Grisham (D), who is named as a defendant in her official capacity, is expected to appeal the ruling. The case now moves toward a higher court, where the constitutionality of waiting periods could be tested again.
The ruling marks a notable development in the ongoing legal battles over gun control measures, particularly in states where Democratic governors have pushed for stricter firearm regulations. New Mexico’s waiting period law, enacted under Lujan Grisham’s administration, had been a fixture of the state’s gun control agenda, and this court decision represents a significant setback for those policies.
Judge Browning’s decision aligns with a broader judicial trend in recent years, where courts have increasingly scrutinized gun laws under the Supreme Court’s 2022 Bruen decision, which established that firearm regulations must be consistent with the nation’s historical tradition of firearm regulation. While the ruling applies specifically to the plaintiffs in this case, its reasoning could have broader implications for similar waiting period statutes in other jurisdictions.
The NRA, which has faced financial and legal turmoil in recent years, has nonetheless continued to pursue litigation in defense of gun rights. This victory provides a boost to the organization’s legal advocacy efforts, which have been a central part of its mission.
Meanwhile, supporters of gun control measures argue that waiting periods help reduce impulsive gun violence and suicides, providing a cooling-off period that can save lives. They maintain that the Second Amendment does not guarantee an unfettered right to immediate firearm acquisition.
The case, Ortega v. Grisham, now heads to the U.S. Court of Appeals for the Tenth Circuit, unless the state seeks an en banc review or the Supreme Court takes up the matter. Legal observers will be watching closely to see how the appellate court handles the constitutional questions raised.
Source: www.breitbart.com — https://www.breitbart.com/2nd-amendment/2026/08/31/nra-secures-ruling-against-new-mexicos-gun-purchase-waiting-period/