New Mexico lawmakers react to judges’ decision on waiting period for gun purchases

Desmond Milligan · August 20

NEW MEXICO (KRQE) – A major ruling by a federal appeals court has blocked New Mexico’s seven-day waiting period on gun purchases, and while some officials are disappointed, others are cheering the decision. In a 2-1 ruling, the 10th Circuit Court of Appeals ruled the law likely infringes on the Second Amendment and sent the case back down to a lower court.

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The seven-day waiting period narrowly passed in the 2024 legislative session, and state Senator Crystal Brantley (R-Truth or Consequences) said Tuesday’s decision comes as no surprise.

“The Second Amendment clearly says shall not be infringed. It was an overreach that targeted law-abiding citizens. It did nothing to push back on the crime in New Mexico,” said Sen. Brantley.

That sentiment was shared by fellow state Senator Bill Sharer (R-Farmington), in a statement, Sharer said, “Criminals certainly don’t wait seven days before breaking into our homes and threatening our families and properties. What sense does it make to require law-abiding citizens to wait seven days before being able to defend themselves?”

Senator Brantley did say she hopes both sides of the aisle can come together to tackle New Mexico’s crime problem. “As we move forward, that’s what we’re looking forward to doing, is actually reducing the number of repeat criminals that are plaguing the state of New Mexico,” said Brantley.

Governor Michelle Lujan Grisham also released a statement on the ruling:

Today’s decision by the Tenth Circuit Court of Appeals is deeply disappointing, plainly wrong and likely to cost lives in New Mexico. New Mexico’s waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights. The dissenting opinion in today’s ruling even notes that New Mexico’s law “is likely to save approximately thirty-seven lives per year.”
This ruling ignores a recent binding Tenth Circuit precedent that upheld Colorado’s law barring gun purchases by anyone under the age of 21—a law that requires 18-year-olds to wait three years to purchase a weapon. The ruling also mischaracterizes New Mexico’s gun purchase waiting period, saying it applies to “everyone” when, in fact, it doesn’t apply to those who sell guns to immediate family members, those with a concealed carry permit, and law enforcement officers.
The evidence is clear––waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis. I’m disappointed that today’s ruling doesn’t take this into account.
We are reviewing our legal options in reaction to today’s misguided ruling by the Tenth Circuit Court of Appeals

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