U.S. District Judge James Browning ruled Monday, July 22 to uphold the state’s 7-day Waiting Period Act.
“The judge’s decision confirms that New Mexico’s waiting period is likely constitutional and allows it to remain in effect,” Gov. Lujan Grisham said in a press release. “This 7-day cooling-off period makes our community safer by providing a critical buffer against impulsive firearms purchases and ensuring comprehensive background checks are completed. This law is a commonsense measure designed to reduce impulsive gun violence and address a federal background check gap.”
On March 4, the governor signed into law House Bill 129, Firearm Sale Waiting Period Crimes, establishing a statewide 7-day waiting period for the purchase of firearms. Judge Browning preliminarily upheld New Mexico’s 7-day waiting, rejecting an attempt by the National Rifle Association to block enforcement of the law while the case is being litigated.
New Mexico’s waiting period also means that firearms are not transferred to prohibited purchasers under the “Charleston loophole,” which allows gun purchases to move forward by default after three business days even if a federal background check has not been completed.
The state law includes exemptions for concealed carry permit holders, federal firearms licensees, transactions between law enforcement officers and agencies, and immediate family members.