NSSF Challenges New Mexico's 'Rights Delayed' Seven-Day Waiting Period After Governor Ignores Court Rulings Declaring It Unconstitutional

WASHINGTON, Oct. 20, 2026 /PRNewswire/ -- The National Shooting Sports Foundation^® (NSSF^®), The Firearm Industry Trade Association, today filed a lawsuit seeking declaratory and injunctive relief against New Mexico Attorney General (AG) Raúl Torrez for the state's continued enforcement of New Mexico's seven-day "cooling off" period after a law-abiding New Mexican passes an FBI National Instant Criminal Background Check System (NICS) verification to purchase a firearm.

"New Mexico's Governor Michelle Lujan Grisham and Attorney General Raúl Torrez are blatantly and unconstitutionally enforcing New Mexico's seven-day waiting period law, despite it having twice been held to violate Second Amendment rights of law-abiding New Mexicans," stated Lawrence G. Keane, NSSF's Senior Vice President & General Counsel. "Criminals do not purchase firearms at retail and do not submit to a waiting period before illegally obtaining a gun. This unconstitutional law only impacts law-abiding citizens seeking to exercise their constitutional rights to purchase and possess a firearm for lawful purposes. Twice now federal courts have ruled this law is unconstitutional. It is outrageous that the governor and attorney general are still moving ahead to enforce an unconstitutional law. It is a grotesque misuse of government power, a waste of taxpayer money and puts law-abiding citizens at risk while doing nothing to punish criminals. NSSF is confident we will be victorious in court."

Last year, the U.S. Court of Appeals for the Tenth Circuit ruled in an NSSF-supported challenge Ortega v. Grisham that New Mexico's seven-day waiting period for firearm purchases infringes on the Second Amendment by preventing the lawful acquisition of firearms by those who had already passed a NICS check. The case was remanded to the district court which, citing the Tenth Circuit's decision, granted summary judgment and entered a permanent injunction barring the state from enforcing the law as to the named plaintiffs. Despite these rulings, the state is appealing again and has said it will enforce this unconstitutional law. NSSF has been on the frontline of this legal challenge, funding the initial appeal and remand proceedings, as well as the opposition to the state's new appeal.

It is NSSF's position that the Tenth Circuit was clear that the law is unconstitutional as to all individuals who receive a "proceed" from NICS and strongly disagrees with the state's threat to enforce this unconstitutional law against federally licensed firearm retailers who are not a party to the original case. It is regrettable that NSSF and its litigation partners have no choice but to file a second lawsuit to ensure that its members are protected.

About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen's organizations and publishers nationwide. For more information, visit nssf.org.

SOURCE NATIONAL SHOOTING SPORTS FOUNDATION