SANTA FE — State Sen. Crystal Brantley warned New Mexicans to expect additional “clearly unconstitutional” legislation in the upcoming session, even as the attorney general confirmed that the state’s seven-day firearm waiting period remains enforceable for now.
In a video posted to Facebook, Brantley addressed confusion surrounding the law after the 10th U.S. Circuit Court of Appeals ruled that the statute is likely unconstitutional and sent the case back to district court.
“Democrat lawmakers recently passed a law that requires a seven-day wait before leaving with a firearm after purchase,” Brantley said. “The governor signed that bill into law, and it was quickly challenged in court.”
She noted that the case advanced to the appellate level, which “just came back and ruled exactly as we had warned, that it was unconstitutional, and sent it back down to the district courts,” creating uncertainty for gun dealers and buyers.
Brantley said her office sought formal clarification from Attorney General Raúl Torrez to determine whether the law is currently in effect.
“Is the seven-day wait in effect or not?” she said. “We reached out to the Attorney General’s Office for clarification on that. I want to thank them for a very quick response.”
Torrez’s office responded in a Jan. 13 letter, stating that while the appellate court reversed a lower court decision and directed the district court to issue a preliminary injunction, the waiting period law remains enforceable until the district court formally acts.
“Their opinion of the law is that it is still in effect until district courts take action,” Brantley said. “We thank them for the clarity on that, although we expect that it will be overturned very soon.”
The seven-day waiting period has been in effect since May 15, 2024, and applies to most firearm purchases, even after a background check is completed. Supporters argue it reduces impulsive violence, while opponents say it burdens lawful gun owners and businesses without deterring criminals.
Looking ahead to the legislative session beginning next week, Brantley said the issue reflects a broader pattern.
“We’re headed into a legislative session that starts just next week, and already Democrat lawmakers have introduced a number of bills that are clearly unconstitutional,” she said.
She added that while such measures may pass the Legislature and be signed into law, they are likely to face legal challenges.
“They will be challenged in a court of law, they will be overturned, and it creates chaos for New Mexicans,” Brantley said. “As we move forward this legislative session, let’s at least pass bills that are in line with the United States Constitution and New Mexico State Constitution.”
