SANTA FE — U.S. District Judge James Browning came out on July 22 with a decision that preliminarily upheld the New Mexico’s 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. Michelle Lujan Grisham said. “This seven-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 seven-day waiting period for the purchase of firearms. Browning preliminarily upheld New Mexico’s seven-day waiting period, rejecting an attempt by the National Rifle Association to block enforcement of the law while the case is litigated.
New Mexico’s waiting period helps ensure 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.
