Federal Judge’s Order on New Mexico Waiting Period Results in Confusion, Questions

The National Rifle Association is declaring victory in a federal lawsuit challenging New Mexico’s 7-day waiting period on firearm transfers after a federal judge entered his order permanently enjoining the statute from being enforced against the plaintiffs. 

In a statement, NRA-ILA Executive Director John Commerford hailed the decision. 

A right delayed is a right denied, and the court correctly held that forcing law-abiding citizens to wait after passing a background check cannot be squared with the Second Amendment. Under New York State Rifle & Pistol Association v. Bruen, the NRA’s landmark 2022 case, waiting period laws like this fail because they have no analog in the nation’s historical tradition of firearm regulation. While we celebrate with the people of New Mexico, our work is far from over. The NRA will not rest until we remove these unconstitutional gun control laws across our country.”

New Mexico State Rep. Stefani Lord, though, says she’s not ready to pop the champagne cork yet. 

🚨 NOT SO FAST.

I’m seeing the victory laps over New Mexico’s unconstitutional 7-day waiting period, including gun rights groups

READ THE ACTUAL JUDGMENT.

The Tenth Circuit rejected New Mexico’s waiting-period law under the Second Amendment.

But yesterday, Judge James… pic.twitter.com/pltHIAz54H

— Rep Stefani Lord (@Lord4NM) August 28, 2026

I’m seeing the victory laps over New Mexico’s unconstitutional 7-day waiting period, including gun rights groups READ THE ACTUAL JUDGMENT.The Tenth Circuit rejected New Mexico’s waiting-period law under the Second Amendment. But yesterday, Judge James Browning entered final judgment enjoining the State from enforcing the law “against Ortega and Scott.” Those two plaintiffs.That’s what the judgment says.So unless I’m missing something, declaring “WE WON!” for every gun owner in New Mexico is a little premature. If the State’s position is that the 7-day waiting period remains enforceable against everyone else, then apparently we have arrived at the bizarre place where: The Tenth Circuit says the waiting period fails the constitutional analysis. The federal district court says it is bound by the Tenth Circuit. But the injunction expressly protects TWO PEOPLE. Make that make sense. I am a Second Amendment advocate. I fought this waiting-period law when it came through the Legislature, and I want it GONE. But I’m not going to tell New Mexicans they won something the actual judgment may not have given them.I ’m waiting to hear exactly how the Attorney General and the State intend to interpret and enforce yesterday’s judgment. Until then, perhaps we put the champagne back in the refrigerator.Because “Ortega and Scott” does not spell “every New Mexican.”      lawyers, tell me I’m wrong. Stay tuned. 

Second Amendment Foundation Director of Legal Research and Education Kostas Moros responded to Lord, and while he didn’t tell her she was wrong, he did provide some context to the judge’s order. 

This is how all injunctions work now, limited to the parties in the case. Trump v. CASA.

However, this is citable by anyone else charged with violation. And further, given it is circuit precedent, you arguably can sue anyone who enforces it against you in their personal…

— Kostas Moros (@MorosKostas) August 28, 2026

So, even though the injunction applies only to two residents of New Mexico, the practical effect is that anyone who might be charged with violating the waiting period can point to the Tenth Circuit’s decision and should have an unimpeachable defense. 

New Mexico lawmakers should formally repeal the waiting period statute when they return to Santa Fe for the 2027 session, and in the meantime Attorney General Raul Torrez should issue guidance to every law enforcement agency throughout the state informing them of the judge’s order and the legal jeopardy officers could face if they continue to enforce the statute going forward. 

Should gun shops feel free to ignore the waiting period requirement from here on out? I’m not an attorney, and this isn’t legal advice, but if I were an FFL in the Land of Enchantment, I would probably hold off for a few days to see what, if anything, Torrez will offer in terms of guidance. If none is offered over the next week or so, I would probably roll the dice and take my chances. That’s just me, though, and your local gun store owner could have a very different opinion. 

I think it is okay to pop the champagne cork if that’s your thing. The Ortega case is over, and gun owners were victorious. As Moros says, the Supreme Court’s ruling in CASA has made it impossible for judges to issue universal injunctions on either a temporary or permanent basis, but any agency in New Mexico that tries to enforce the state’s waiting period going forward is likely to face a lawsuit it can’t win, and that should render the waiting period law a dead letter even before it’s formally repealed. 

Editor’s Note: Second Amendment groups like the NRA are doing everything they can to protect our right to keep, bear, and acquire firearms. 

Help us continue to report on their efforts and successes like this one. Join Bearing Arms VIP and use promo code FIGHT to receive 60% off your membership.