New Mexico’s Seven-Day Waiting Period Already Lost in the Tenth Circuit. NSSF, NRA and SAF Just Sued to Make the State Stop Enforcing It.– www.usacarry.com
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EXCERPT:
Key Takeaways
- Nine plaintiffs filed a federal lawsuit against New Mexico to stop enforcement of a seven-day firearm waiting period deemed unconstitutional by the Tenth Circuit.
- The plaintiffs, including the NRA and the National Shooting Sports Foundation, claim the law violates their rights despite prior court rulings.
- House Bill 129 enforces a waiting period for buyers who already pass federal background checks, and the plaintiffs argue it remains in effect unlawfully.
- The complaint requests a formal declaration that HB129 is unconstitutional and seeks to block the Attorney General from enforcing it.
- The article highlights the tension between state actions and federal court rulings, emphasizing that a win in court does not ensure immediate compliance in practice.
Estimated reading time: 5 minutes
ALBUQUERQUE, NM — Nine plaintiffs led by the National Shooting Sports Foundation, the National Rifle Association of America, and the Second Amendment Foundation filed a federal lawsuit on October 19, 2026, asking a court to stop New Mexico from enforcing a seven-day firearm waiting period that the Tenth Circuit already held unconstitutional. The complaint was filed in the U.S. District Court for the District of New Mexico as Case No. 1:26-cv-03514 and names Attorney General Raúl Torrez, in his official capacity, as the sole defendant. The New Mexico Firearms Industry Association, the New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms, and Peter Hackett round out the plaintiff list.
When the district court ruled on remand in August, I covered it: Federal Judge Still Thinks New Mexico’s Seven-Day Gun Waiting Period Is Constitutional. He Blocked It Anyway Because the Tenth Circuit Tied His Hands. What is new is the plaintiffs’ allegation that the judgment did not end the matter. The complaint opens by saying the plaintiffs “regret that they have been left with no choice but to file this lawsuit,” and NSSF’s announcement frames the filing as the response to a governor ignoring court rulings that declared the law unconstitutional. NRA-ILA’s post calls it, pointedly, another lawsuit over the same law.