Federal court won’t block New Mexico’s 7-day waiting period on gun purchases amid litigation

Associated Press

SANTA FE, N.M. (AP) — A federal judge has ruled that New Mexico can continue to enforce a new, seven-day waiting period on gun sales while a court challenge backed by the National Rifle Association moves forward.

In a ruling Monday, Albuquerque-based U.S. District Court Judge James Browning denied the NRA’s request for a restraining order or injunction that would block the extended waiting period.

Democratic state lawmakers enacted the restrictions earlier this year in hopes of ensuring more time for the completion of federal background checks on gun buyers.

Only three states have longer waiting periods — California, Hawaii and Washington, along with the District of Columbia — that range up to 14 days, according to the Giffords Law Center to Prevent Gun Violence. Rhode Island also has a seven-day wait.

“The defendants adduce significant evidence that waiting period laws may help reduce this tidal wave of gun violence,” Browning said in a ruling of more than 100 pages.

New Mexico Gov. Michelle Lujan Grisham on Tuesday applauded the ruling as an indication that the waiting period is constitutional and will be able to remain in effect.

“This 7-day cooling-off period makes our community safer by providing a critical buffer against impulsive firearms purchases and ensuring comprehensive background checks are completed,” the Democrat said in a statement.

The NRA and Mountain States Legal Foundation, an advocacy group for gun rights, filed the lawsuit on behalf of two New Mexico residents, citing concerns about delayed access to weapons for victims of domestic violence and others. The Supreme Court in June upheld a federal gun control law that is intended to protect victims of domestic violence.

Robert Welsh, an associate attorney for the foundation’s Center to Keep and Bear Arms, said the judge’s order allows the case to proceed and include additional evidence.

He described state waiting periods for gun purchases as “increasingly prevalent.”

“The Supreme Court is eventually going to be asked to weigh in on these arbitrary waiting periods,” he said.

New Mexico’s new waiting period holds an exception for concealed permit holders and went into effect in May.