#United States #Washington #NSSF #Second Amendment #New Mexico Law

NSSF Takes Legal Action Against New Mexico's Seven-Day Waiting Period Law

The National Shooting Sports Foundation® (NSSF®), the principal trade association of the firearm industry, has initiated a significant legal challenge against the state of New Mexico. This lawsuit directly targets the state's seven-day waiting period for firearm purchases, a controversial statute that was declared unconstitutional by federal courts on two separate occasions. The NSSF's legal action comes in response to Governor Michelle Lujan Grisham and Attorney General Raúl Torrez's continued enforcement of this waiting period, despite clear judicial rulings against it.

Context of the Legal Challenge

In New Mexico, individuals looking to purchase firearms must undergo a FBI National Instant Criminal Background Check System (NICS) verification process. Once they successfully pass this check, they are still faced with an obligatory seven-day cooling-off period before they can take possession of the firearm. According to NSSF's Senior Vice President and General Counsel, Lawrence G. Keane, this law only serves to hinder law-abiding citizens from exercising their Second Amendment rights. He states, “Criminals do not purchase firearms at retail and do not submit to a waiting period before illegally obtaining a gun.”

The critical point made by the NSSF is that the enforcement of this waiting period disproportionately impacts responsible citizens while doing nothing to deter criminal activity. The underlying principle of the NSSF's lawsuit is that both the state’s governor and attorney general are improperly wielding government authority to enforce a law that has been consistently struck down by federal courts, which recognizes that such waiting periods infringe on constitutional rights.

Previous Judicial Rulings

In a landmark ruling last year, the U.S. Court of Appeals for the Tenth Circuit sided with NSSF-supported parties in the case Ortega v. Grisham, affirming that the seven-day waiting period violates the Second Amendment rights of individuals who have already passed the NICS check. The district court subsequently barred the state from enforcing this law on the plaintiffs named in the original case. Nevertheless, rather than comply with the ruling, the state opted to appeal this decision. Despite a clear judicial mandate, they announced their intention to continue enforcing the waiting period, a move that the NSSF sees as both irresponsible and a blatant disregard for the rule of law.

Implications for Law-Abiding Citizens

The NSSF's stance suggests that this ongoing legal battle is not merely a procedural argument; it echoes broader concerns about the erosion of Second Amendment rights. By reaffirming its commitment to challenge these unconstitutional laws, the NSSF seeks to protect the rights of its members—composed of manufacturers, retailers, and gun owners—who are keenly affected by such legislation. The organization perceives this legal undertaking as imperative to ensuring that individuals can safely and lawfully acquire firearms without unnecessary government hindrance.

Furthermore, the NSSF underlines the urgency of their request for relief, arguing that the law’s continued enforcement poses a risk to law-abiding citizens wanting to exercise their right to self-defense. "It is outrageous that the governor and attorney general are still moving ahead to enforce an unconstitutional law,” Keane added, highlighting the misuse of government power as detrimental to public safety and welfare.

Looking Ahead

The NSSF remains optimistic regarding the outcome of this new lawsuit, reinforcing the assertion that they will take all necessary steps to ensure that legal precedents are upheld and the rights of lawful firearm purchasers are protected. As this legal challenge unfolds, it will undoubtedly attract significant attention, not just in New Mexico but across the nation, with implications for policies governing firearm purchases and Second Amendment rights as a whole.

With this continued legal battle, the NSSF aims not only to overturn the waiting period law but also to set a precedent that could affect similar laws in other states. As the political and legal landscape surrounding gun rights continues to evolve, the outcome of this case will be critical in shaping the future of firearm legislation and rights in the U.S.