Federal Judge Strikes Down New Mexico's 7-Day Gun Waiting Period

A federal judge has ruled against New Mexico's seven-day waiting period for firearm purchases, a decision that upends one of the state's signature gun-safety measures. The ruling, which applies statewide, holds that the waiting period runs afoul of the Second Amendment under the Supreme Court's current historical-analogy framework. For a state that has leaned into gun regulation in recent sessions, the decision lands as a significant legal setback.

The judge's reasoning centers on the absence of a clear historical tradition of mandatory cooling-off periods at the time of the founding. Under the standard set by recent high-court precedent, restrictions must be rooted in historical analogues, and the state's public-safety justifications, however compelling, were not enough to bridge that gap. The ruling does not address background checks or other purchase requirements, but it removes the mandatory delay that lawmakers argued gave time for background checks to complete and for impulsive acts to cool.

What the Ruling Means for New Mexico's Gun Policy

For gun-rights advocates, the decision is a validation of their argument that the waiting period burdened law-abiding buyers without demonstrable effect on crime. For public-safety groups and Democratic lawmakers, it is a blow to a tool they saw as a proven brake on suicides and domestic-violence homicides. The practical effect is immediate: licensed dealers in New Mexico can now transfer firearms after the standard background-check process, which in many cases resolves within minutes.

The ruling is likely to be appealed, and the state may seek a stay to keep the waiting period in force during litigation. But the decision also signals a broader trend: courts across the country are scrutinizing state gun laws with fresh skepticism, and New Mexico's legislative options are narrowing. Lawmakers could attempt a revised statute with a different mechanism, such as extending the background-check window, but any new measure will face the same constitutional test. For now, the seven-day wait is gone, and the political and legal fight over its return is only beginning.