Gun Groups Sue New Mexico, Say State Is Defying Court Rulings Against 7-Day Gun Waiting Period

A coalition of gun rights and firearm industry groups has filed a new federal lawsuit against New Mexico, accusing state officials of continuing to enforce a seven-day waiting period on gun purchases that federal courts have ruled unconstitutional.

The National Shooting Sports Foundation (NSSF), the National Rifle Association, the Second Amendment Foundation and New Mexico gun groups and retailers filed the case, NSSF v. Torrez, in the U.S. District Court for the District of New Mexico. It names Democratic Attorney General Raúl Torrez and seeks to block the state from enforcing the law against buyers who pass a federal background check. NSSF announced the suit Tuesday.

What the Courts Ruled

New Mexico's waiting period was signed into law by Democratic Gov. Michelle Lujan Grisham in March 2024 as House Bill 129. It requires most buyers to wait seven calendar days before taking possession of a firearm, even after an instant background check clears. Violating it is a misdemeanor for both buyer and seller.

In August 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Ortega v. Grisham that the waiting period violates the Second Amendment for buyers who have already passed the check. This August, the district court granted summary judgment and barred the state from enforcing the law against the two named plaintiffs, Paul Ortega and Rebecca Scott.

Why the Groups Sued Again

State officials have said that order applies only to those two people. "The order only states that the two named plaintiffs are able to purchase firearms without having to go through the waiting period. The law remains in effect otherwise," Michael Coleman, the governor's communications director, told Source NM, according to the Daily Caller.

The state Department of Public Safety's website says the waiting period "remains in effect for all other firearm purchasers until further notice." NSSF says the state is also appealing again.

"New Mexico has made clear that it will not abide the Tenth Circuit's 'holding' unless and until a court makes it do so," the groups wrote in the complaint, as quoted by the Daily Caller. The NRA said the state has also threatened criminal enforcement against retailers and buyers who skip the wait.

"Twice now federal courts have ruled this law is unconstitutional. It is outrageous that the governor and attorney general are still moving ahead to enforce an unconstitutional law," said Lawrence G. Keane, NSSF's senior vice president and general counsel.

A Question Headed for the Supreme Court?

Federal appeals courts are split on whether waiting periods are constitutional. The First Circuit upheld Maine's 72-hour waiting period, and a petition asking the Supreme Court to take up that case was filed in August, the Daily Caller reported.

The new lawsuit asks the court to again declare the law unconstitutional for buyers who pass the federal background check and to bar the state from enforcing it against the plaintiffs, their customers and their members.

Hold Everyone Accountable.

Sources: NSSF, "NSSF Challenges New Mexico's 'Rights Delayed' Seven-Day Waiting Period After Governor Ignores Court Rulings Declaring It Unconstitutional" (Oct. 20, 2026): https://www.nssf.org/articles/nssf-challenges-new-mexicos-rights-delayed-seven-day-waiting-period-after-governor-ignores-court-rulings-declaring-it-unconstitutional/ ; NRA-ILA, "NRA Files (Another) Lawsuit Challenging New Mexico's 7-Day Waiting Period Law": https://www.nraila.org/articles/20261019/nra-files-another-lawsuit-challenging-new-mexico-s-7-day-waiting-period-law ; Daily Caller: https://dailycaller.com/2026/10/20/blue-state-sued-after-defying-ruling-striking-down-waiting-period ; New Mexico Department of Public Safety, "7-Day Waiting Period": https://www.dps.nm.gov/7-day-waiting-period/