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In response to the major Second Amendment victory in Ortega v. Grisham, the NRA lawsuit against New Mexico’s seven-day waiting period law, John Commerford, Executive Director of NRA-ILA, released the following statement:
"In courtrooms across America, the NRA is successfully leading the charge to protect law-abiding Americans' Second Amendment rights. The 10th Circuit has sided with the NRA and held that radical waiting period laws are indeed unconstitutional. This decision not only impacts gun owners in New Mexico but serves as a key piece in dismantling similar gun control laws across the country." —John Commerford, NRA-ILA Executive Director
BACKGROUND:
- On May 15, 2024, the NRA, in coordination with the Mountain States Legal Foundation, filed Ortega v Grisham, a lawsuit challenging New Mexico’s radical seven-day waiting period law.
- On Monday, July 22, 2024, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait seven days before taking possession of any firearm they purchase.
- Today, August 19, 2025, the 10th Circuit Court reversed and remanded this decision, ruling the law is unconstitutional and ordered a preliminary injunction to ensure the rights of law-abiding citizens are no longer infringed. The full ruling can be found HERE.
- This ruling was based on the landmark NRA-backed Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, which held that gun control laws are unconstitutional unless they are consistent with our nation’s historical tradition of firearm regulation.
