Progress on Waiting Periods

 Ortega v. Grisham, 148 F. 4th 1134 (10 Cir. 2025):

New Mexico enacted a law in 2024 that imposes a categorical seven-day "cooling-off" period for nearly all consumer purchases of a firearm. No matter how urgent the need, or how much physical danger a prospective buyer might be in, buyers must wait seven days before New Mexico deems them safe to carry arms. Even buyers with previous firearms background checks or security clearances are not eligible for waivers from the prohibition. In short, the law requires no individualized reason to conclude that a prospective consumer is a danger to himself or the community, nor can anyone be excused from the waiting period because of personal danger.

Asserting their rights under the Second and Fourteenth Amendments, Samuel Ortega and Rebecca Scott sued the State of New Mexico to enjoin the Waiting Period Act, N.M. Stat. § 30-7-7.3. The district court declined to preliminarily enjoin the law. It found that a seven-day wait did not infringe on Second Amendment rights since the right to acquire a firearm does not impede the right to keep or bear a firearm, and, in any event, the Second Amendment tolerates cooling-off periods.

We disagree, and REVERSE and REMAND. Cooling-off periods infringe on the Second Amendment by preventing the lawful acquisition of firearms. Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment's scope. In this preliminary posture, we conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens. We also conclude the other preliminary injunction factors are met and that Plaintiffs are entitled to an injunction.

Yes, waiting period laws are modern. My knowledge confirmed in this decision is that California imposed the first waiting period law in 1923 to give police time to do a background check. If New Mexico wanted a waiting period to do that, then completion of the FBI's background check should be enough time.  But really, what drives this is a belief that guns are icky and any barrier we put in the way, makes us righteous and pure. The alternative is admitting that there are people who are evil and need to be confined.