Federal court won’t block New Mexico’s 7-day waiting period on gun purchases amid litigation
SANTA FE, NM — A federal judge has ruled that New Mexico can continue to enforce a new seven-day waiting period on gun sales while a lawsuit backed by the National Rifle Association continues.
In a ruling Monday, U.S. District Judge James Browning of Albuquerque denied the NRA’s request for a restraining order or injunction that would block the extended waiting period.
Democratic lawmakers in the state introduced the restrictions earlier this year in hopes of gaining more time to conduct federal background checks on gun buyers.
Only three states have longer waiting periods — California, Hawaii and Washington, along with the District of Columbia — of up to 14 days, according to the Giffords Law Center to Prevent Gun Violence. Rhode Island also has a seven-day waiting period.
“The defendants provide important evidence that waiting period laws can help reduce this tidal wave of gun violence,” Browning said in a more than 100-page ruling.
New Mexico Gov. Michelle Lujan Grisham on Tuesday praised the ruling as an indication that the waiting period is constitutional and can remain in place.
“This seven-day cooling-off period makes our community safer by providing a critical buffer against impulsive firearm purchases and ensuring that comprehensive background checks are conducted,” the Democrat said in a statement.
The NRA and Mountain States Legal Foundation, a gun rights advocacy group, filed the lawsuit on behalf of two New Mexico residents, citing concerns about delayed access to guns for victims of domestic violence and others. The Supreme Court in June a federal gun control law upheld which is intended to protect victims of domestic violence.
Robert Welsh, an attorney with the foundation’s Center to Keep and Bear Arms, said the judge’s order allows the case to proceed and allow additional evidence to be presented.
He described the wait times for gun purchases in the state as “increasingly common.”
“The Supreme Court will ultimately be asked to rule on these arbitrary waiting periods,” he said.
New Mexico’s new waiting period goes into effect in May and is an exception for concealed carry permit holders.