SANTA FE, N.M. — State Sen. Crystal Brantley, R-Elephant Butte, has asked New Mexico Attorney General Raúl Torrez to issue formal guidance to gun dealers and the public after a federal appeals court halted enforcement of the state’s seven-day firearm waiting period.
In a letter sent this week, Brantley said conflicting practices have emerged across New Mexico since the U.S. Court of Appeals for the Tenth Circuit blocked the law, with some federally licensed gun dealers continuing to impose the waiting period while others are not.
Brantley asked whether the state is legally barred from enforcing the law, what guidance should be given to licensed firearms dealers and whether the Attorney General’s Office plans to issue a statewide directive to ensure uniform application.
“When this bill passed, I warned it was on a collision course with the Constitution,” Brantley said in a statement. “That concern has now been vindicated by the courts, yet depending on where you buy a firearm in New Mexico, you may still be subjected to a law a federal court has said cannot be enforced.”
The waiting period law was enacted in 2024 as part of a broader public safety package approved by the Democratic-controlled Legislature and signed by Gov. Michelle Lujan Grisham. The statute required most gun buyers to wait seven calendar days between purchasing a firearm and taking possession, even after passing a federal background check. Exemptions were included for law enforcement, concealed carry license holders and certain family transfers.
The law was challenged shortly after it took effect by gun owners and advocacy groups, who argued it violated the Second Amendment by delaying lawful firearm acquisition without individualized justification.
In August, a three-judge panel of the Tenth Circuit granted a preliminary injunction blocking enforcement of the law while the case proceeds. The court concluded the waiting period likely violates the Second Amendment because it imposes a categorical delay on the acquisition of firearms and lacks historical analogues from the nation’s founding era, as required under recent U.S. Supreme Court precedent.
The appeals court later declined to rehear the case en banc, leaving the injunction in place.
Legal analysts have noted the decision applies the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which requires modern gun regulations to be consistent with the nation’s historical tradition of firearm regulation. The Tenth Circuit panel said it found no meaningful historical support for mandatory waiting periods.
Brantley said the court’s ruling has left gun dealers in an untenable position.
“Small business owners are being forced to make legal judgments on their own,” she said. “That creates confusion and unequal treatment for law-abiding citizens depending on where they live or shop.”
A spokesperson for the Attorney General’s Office did not immediately respond to a request for comment.
The case remains pending, and state officials could seek further review or pursue legislative changes. For now, the injunction prevents enforcement of the waiting period statewide, though Brantley said clearer direction is needed to ensure consistent compliance with the court order.
