7 Day Waiting Period Struck Down

Published on August 20, 2025
Duration: 9:25

This video provides a legal analysis of the 10th Circuit's ruling striking down New Mexico's 7-day waiting period for firearm purchases. The ruling, in Ortega v. Gisham, found the waiting period to be an undue burden on Second Amendment rights, citing its lack of historical tradition and its infringement on lawful acquisition. The analysis highlights how this decision aligns with recent Supreme Court interpretations of Second Amendment rights.

Quick Summary

The 10th Circuit Court of Appeals ruled New Mexico's 7-day firearm waiting period unconstitutional in Ortega v. Gisham, finding it an undue burden on Second Amendment rights. The court determined that such 'cooling off' periods are a modern invention lacking historical tradition and do not align with the Bruin standard for firearm regulations.

Chapters

  1. 00:00Introduction: Waiting Period Struck Down
  2. 01:06New Mexico's 7-Day Waiting Period Overturned
  3. 01:25The Case: Ortega v. Gisham
  4. 01:37Legal Grounds: 2nd and 14th Amendments
  5. 01:42What Was the Waiting Period?
  6. 01:51Purpose vs. Reality of Waiting Periods
  7. 03:09Background Checks and Waiting Periods
  8. 03:16The Majority Opinion: Judge Timkovich
  9. 03:39Historical Tradition and Bruin Standard
  10. 03:48Burden of Waiting Periods Compared to Other Rights
  11. 05:06State's Historical Analogies Rejected
  12. 05:51Commercial vs. Non-Commercial Transfers
  13. 06:51Waiting Period Not a Condition or Qualification
  14. 08:01Urgency and Danger Ignored
  15. 08:33Next Steps and Appeals
  16. 08:40Impact on Other States
  17. 08:49Federal Courts and Future Supreme Court Cases

Frequently Asked Questions

What was the outcome of the Ortega v. Gisham case regarding New Mexico's 7-day firearm waiting period?

The 10th Circuit Court of Appeals ruled that New Mexico's 7-day waiting period for firearm purchases was likely unconstitutional. The court found that the waiting period imposed an undue burden on Second Amendment rights, aligning with recent interpretations of constitutional protections for firearm acquisition.

Why did the 10th Circuit strike down New Mexico's 7-day firearm waiting period?

The 10th Circuit determined that the 7-day waiting period infringed upon Second Amendment rights by imposing an undue burden. The court cited that such 'cooling off' periods are a modern invention lacking historical tradition and are not tailored to specific risks, thus violating the Bruin standard for firearm regulations.

Who filed the lawsuit challenging New Mexico's 7-day firearm waiting period?

The lawsuit, Ortega v. Gisham, was filed by former law enforcement officer Paul Samuel Ortega, the NRA (National Rifle Association), and the Mountain State Legal Foundation. The National Shooting Sports Foundation also provided support for the legal challenge.

How does the 10th Circuit's ruling on New Mexico's waiting period compare to other constitutional rights?

The court drew parallels to other constitutional rights, suggesting that a 7-day waiting period for firearm acquisition would be unconstitutional if applied to rights like free speech or legal counsel. This comparison emphasizes that Second Amendment rights should not be treated as second-class rights subject to greater restrictions.

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