A conservative legal group and gun rights activists have filed a lawsuit challenging a newly-enacted seven-day waiting period to purchase a gun in New Mexico. The Mountain States Legal Foundation and the National Rifle Association claim that the law is unconstitutional and denies citizens their Second Amendment rights and natural right to self-defense. The lawsuit names Governor Michelle Lujan Grisham and Attorney General Raúl Torrez as defendants. The law, signed by Governor Grisham in March, requires a seven-day waiting period for firearm purchases, with background checks to be completed within that time frame. Violators could face misdemeanor charges.
Governor Grisham defended the law by stating that it addresses the issue of guns getting into the wrong hands and allows violent criminals to recommit crimes. The plaintiffs in the lawsuit argue that the Waiting Period Act burdens the right to keep and bear arms and claim that the state government cannot justify its regulation. The lawsuit references the U.S. Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen, which set a new standard to determine the constitutionality of gun restrictions based on historical traditions of firearm regulation.
The lawsuit filed by the Mountain States Legal Foundation and the NRA challenges the Waiting Period Act as a violation of the Second Amendment rights of law-abiding citizens in New Mexico. The plaintiffs seek complete invalidation of the law by federal courts. The MSLF expressed concern about the impact of the law on domestic violence victims who may need immediate access to firearms for protection. The NRA Institute for Legislative Action echoed the sentiment, stating that the law undermines the Second Amendment rights of New Mexicans and should be removed from state statutes.
Since the Bruen decision, a number of federal and state gun control measures have been challenged in courts with varied results. The plaintiffs argue that the waiting period law delays law-abiding citizens from exercising their right to self-defense. The NRA and MSLF are committed to fighting against this law, which they believe is unconstitutional and infringes on the rights of gun owners in New Mexico. The lawsuit is part of a broader effort to challenge gun control measures that restrict Second Amendment rights across various states.
The offices of Governor Grisham and Attorney General Torrez have not yet responded to requests for comments on the lawsuit. The legal challenge represents a significant effort by conservative groups and gun rights activists to push back against what they see as unconstitutional restrictions on Second Amendment rights in New Mexico. The outcome of this lawsuit could have implications for similar gun control measures in other states, as courts continue to grapple with the balance between public safety and individual rights when it comes to firearms regulations.
