7 day wait is almost over!

38 days and counting down until Judge Brown signs the order vacating the 7 day waiting period for New Mexico

Judge Browning for the 7 day wait.

The bad news is it’s still in effect.

The state doesn’t want to give up and according to MSLF its an exercise in futility. Judge Browning was ready to issue a final judgment today but the state is still fighting it.

There are 3 more conferences before the final hearing.

Apr 20 will be the motion for summary judgment,

May 11 will be to hear responses and

Jul 1 will for replies.

The final hearing will be Jun 2. Judge Browning said he will issue his decision by Aug 28, maybe earlier.

Judge Browning stated that he is bound by the 10ths decision.

Arnie

Do you still have to wait 7 days in New Mexico to buy a gun?

Yes, depending on where you shop. While a federal appeals court struck down New Mexico’s 7-day waiting period as unconstitutional, the legal situation remains deeply confusing. Many local dealers still enforce the wait out of caution, though the law contains several specific exemptions. 

The status of the law and who it applies to currently includes:

  • The Court Ruling: The 10th Circuit Court of Appeals ruled that the state’s 7-day waiting period likely violates the Second Amendment. However, because the mandate and official guidance are tangled in the court system, many individual Federal Firearms Licensees (FFLs) are choosing to enforce a 7-day hold until local authorities and the ATF issue unified, statewide directives.
  • Exemptions: You do not have to wait 7 days if you hold a valid New Mexico concealed handgun license, if you are a federal firearms licensee, or if the transaction involves law enforcement agencies or immediate family members. 
  • Because policies vary by store, it is highly recommended to call your local shop directly to ask about their current transfer protocols before you purchase a firearm. You can look up local firearms dealers on the ATF FFL Locator to find contact information.Â