Gun groups sue to widen relief from New Mexico's waiting period

A new federal lawsuit filed October 19 asks a judge to stop New Mexico from enforcing its seven-day gun purchase waiting period against a broader group of buyers, dealers and members than an earlier case covered, arguing the state is still applying the delay to everyone outside that original lawsuit's two named plaintiffs.

Snapshot

The story lays out a new federal suit by national gun groups, Albuquerque retailers and a prospective buyer asking a court to bar New Mexico from applying its seven-day waiting period to anyone outside the earlier Ortega case. The plaintiffs argue the state is reading that win too narrowly, and they target only the added delay once a buyer passes a background check, not the check itself.

Key points

• Who's suing: NSSF, the NRA, the Second Amendment Foundation, three Albuquerque retailers (Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms), two state associations and a prospective buyer, Peter Hackett, filed NSSF v. Torrez against Attorney General Raúl Torrez.
• What changed before this: In August 2025 the Tenth Circuit ruled in Ortega v. Grisham that a fixed waiting period for buyers who already passed a background check is different from delays tied to the check itself, and ordered an injunction, though it left the injunction's scope for the district court to set.
• The gap plaintiffs point to: After an August 2026 judgment that the state is appealing, the new complaint claims New Mexico is treating that relief as limited to the original Ortega plaintiffs, leaving the law in force against everyone else.
• What's actually being challenged: Not background checks themselves — New Mexico's 2024 law (HB 129) runs the check inside the seven-day window, with exceptions for state concealed handgun license holders — but the extra cooling-off delay after a buyer clears that check.

Quick take

This filing doesn't change what you can buy in New Mexico today. It's a bid to turn a narrow courtroom win into protection that actually reaches ordinary buyers and the shops selling to them.

Read the full story: concealednation.org