New Mexico continues to enforce a seven-day firearm waiting period against the general public despite a federal court ruling declaring the mandate unconstitutional, prompting a broad coalition of gun rights organizations to file a second federal lawsuit on October 19, 2026.
Lawsuit Seeks to End Waiting Periods for All Citizens
- Constitutional Scope: A previous court victory protected only two specific plaintiffs, leaving all other citizens subject to the waiting period and potential criminal penalties.
- Legal Objective: The fresh lawsuit, titled National Shooting Sports Foundation, Inc. et al v. Torrez, aims to secure a ruling declaring the waiting period unconstitutional for all individuals who pass the federally required background check.
Legal Precedent and the Scope of Prior Judgments
Winning in court is only the beginning if the state refuses to respect the victory. In August 2025, the U.S. Court of Appeals for the Tenth Circuit determined that New Mexico’s mandatory seven-day wait for firearms violated the Constitution, though it carved out an exception when the mandated federal background check failed to clear within three days.
Despite those judicial determinations, New Mexico has taken the position that it can continue enforcing the exact same law against everyone else. Since just two individuals brought the initial legal action, all other law-abiding residents of the state still face the prospect of criminal prosecution if they refuse to abide by the mandatory waiting period.
Filing the Second Lawsuit in Federal Court
Torrez.
| Case Milestone | Timeline | Key Parties Involved |
|---|---|---|
| Tenth Circuit Ruling | August 2025 | Federal appeals court reviewing New Mexico’s waiting period |
| Final District Judgment | August 2026 | Samuel Ortega and Rebecca Scott protected by permanent injunction |
| Second Lawsuit Filed | October 19, 2026 | MSLF, Clement & Murphy, NSSF, NRA, and SAF v. Torrez |
In this new legal challenge, the coalition of advocates is asking the court to strike down the waiting period entirely for anyone who successfully clears the federal background check process. The action also asks the court to permanently prohibit New Mexico from enforcing the restriction against them.
Organizations Fight to Extend Judicial Victory to Everyone
The courts have already recognized the constitutional problem with New Mexico’s waiting period framework. Now, the litigating organizations are fighting to ensure that judicial victory protects everyone it should.
References
- Torrez.
- U.S. Court of Appeals for the Tenth Circuit rulings regarding New Mexico firearm waiting periods.
