THE 7 DAY WAIT PERIOD IS STILL IN EFFECT
     NEW MEXICO FIREARMS INDUSTRY ASSOCIATION
To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.
Released August 20, 2025
UPDATE ON NEW MEXICO 7 DAY WAITING PERIOD TO PURCHASE A FIREARM
THE 7 DAY WAIT PERIOD IS STILL IN EFFECT
Background: During the 2024 Legislative session, a law was passed requiring all firearms purchasers to undergo a 7 day wait period between purchase and taking possession of a firearm. The law included very few exemptions. It was signed by the Governor and became effective in May 2024.
Lawsuit: In May 2024, two New Mexico citizens filed suit against the law. They were represented by Mountain States Legal Foundation and the NRA. Their case was heard in the US District Court for the District of New Mexico, where the Court ruled in favor of the state.
Appeal: An appeal was filed in the 10th Circuit Court. On August 19, 2025, the 10th Circuit (a 3 Judge panel) ruled that the 7 day wait period likely violates the constitution and ordered the District Court to issue a preliminary injunction.
Current Status: The 7 day wait period is still in effect. The 10th Circuit’s mandate hasn’t been enjoined by the District Court as of yet. The state can seek an en banc (i.e. full court, 12 Judge) rehearing of the decision, which could delay issuance of a final decision, but would likely take months to hear it all, and the preliminary injunction would be in place until then. We are still waiting to hear back from Mountain States Legal as to any time limitations with regards to how long the District Court has to act on the Circuit Court’s ruling, and issue the preliminary injunction.
We will continue to provide updates as this progresses through the legal process.