BREAKING: GUN WAITING PERIODS GO BYE BYE AFTER APPEALS COURT WIN!

Published on August 20, 2025
Duration: 12:06

The 10th Circuit Court of Appeals has preliminarily enjoined New Mexico's 7-day waiting period for firearm purchases in Ortega v. Gisham. The court ruled that the waiting period infringes upon the Second Amendment by restricting the right to acquire firearms, which is a necessary predicate to keeping and bearing them. This decision emphasizes that such restrictions burden fundamental rights and lack historical justification.

Quick Summary

The 10th Circuit Court of Appeals ruled New Mexico's 7-day gun waiting period unconstitutional in Ortega v. Gisham. The court found that the right to acquire firearms is a necessary predicate to the Second Amendment right to keep and bear arms, and the state failed to provide historical justification for the delay.

Chapters

  1. 00:00Major Win for Second Amendment: 10th Circuit Ruling
  2. 00:09New Mexico's Waiting Period Enjoined
  3. 00:387-Day Waiting Period Declared Unconstitutional
  4. 00:54Court's Reasoning: Textual Implication of Second Amendment
  5. 01:10Acquisition as a Prerequisite to Keeping and Bearing
  6. 01:41Burden Shifts to Government: Lack of Historical Tradition
  7. 02:03Purpose of Waiting Periods: Preventing Violence/Suicide
  8. 02:46No Individualized Determination
  9. 03:19Court's Stance: 'No-Go Zone' for Delays
  10. 03:46Lower Court's Finding Reversed
  11. 04:07Reversal: Cooling Off Periods Infringe Rights
  12. 04:47Detailing the Right to Acquire Firearms
  13. 05:13Black Letter Constitutional Law: Ancillary Rights
  14. 05:36Court's Analogy: Printing Press and Free Press
  15. 06:15Justice Scalia's Explanation of Concomitant Rights
  16. 07:13Core Argument: Cannot Carry if Cannot Acquire
  17. 07:56Delay in Acquiring Firearm Implicates Second Amendment
  18. 08:13Comparison to Other Constitutional Rights
  19. 08:51Second Amendment Not a 'Second-Class Right'
  20. 09:18State's Argument: Commercial Transactions
  21. 09:42Court's Counter: Non-Commercial Transactions Covered
  22. 10:16Presumption of Constitutionality Can Be Overcome
  23. 11:12Final Verdict: Injunction Granted

Frequently Asked Questions

What was the outcome of the Ortega v. Gisham case regarding New Mexico's gun waiting period?

The 10th Circuit Court of Appeals preliminarily enjoined New Mexico's 7-day waiting period for firearm purchases. The court ruled 2-1 that the law likely infringes upon Second Amendment rights by restricting the ability to acquire firearms.

Why did the 10th Circuit rule New Mexico's gun waiting period unconstitutional?

The court determined that the right to acquire firearms is a necessary predicate to the right to keep and bear them, thus implicating the Second Amendment. The government failed to demonstrate a historical tradition justifying such a universal delay.

Does the right to acquire a firearm fall under the Second Amendment?

Yes, according to the 10th Circuit in Ortega v. Gisham, the right to acquire firearms is considered a necessary predicate to the right to keep and bear them, and therefore is protected under the Second Amendment.

What is a preliminary injunction in the context of gun laws?

A preliminary injunction is a court order that temporarily halts the enforcement of a law, like New Mexico's 7-day gun waiting period, while the full legal case is being heard and decided.

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