GREAT BREAKING NEWS! FEDERAL COURT DELIVERS MAJOR 2A WIN ON WAITING PERIODS!

Published on December 24, 2025
Duration: 17:30

This entry details a significant Second Amendment victory where the 10th Circuit Court of Appeals ruled New Mexico's 7-day firearm waiting period unconstitutional. Expert analysis from constitutional attorney Mark W. Smith, a published author in the Harvard Journal of Law & Public Policy, explains how the ruling, based on the Bruen test, establishes that the right to acquire firearms is protected, rejecting historical precedents for such delays. The denial of an en banc review solidifies this decision, impacting other states.

Quick Summary

The 10th Circuit Court of Appeals has ruled New Mexico's 7-day firearm waiting period unconstitutional, a significant Second Amendment victory. The court determined that the right to acquire firearms is protected, citing the Bruen test and a lack of historical precedent for such delays, thus upholding the right to 'keep and bear' arms.

Chapters

  1. 00:0010th Circuit Court Ruling on Waiting Periods
  2. 00:48Speaker Introduction & Academic Work
  3. 01:32New Mexico Waiting Period Law Details
  4. 04:13Legal Reasoning: Acquisition as a Prerequisite
  5. 06:00Historical Tradition and the Bruen Test
  6. 09:47Denial of En Banc Review
  7. 11:13Analysis of the Dissent
  8. 13:35The 'Heckler's Veto' Analogy

Frequently Asked Questions

What was the outcome of the Ortega v. Grisham case regarding firearm waiting periods?

The U.S. Court of Appeals for the 10th Circuit refused to rehear the case en banc, upholding a previous ruling that New Mexico's 7-day waiting period for firearm acquisitions is unconstitutional under the Second Amendment.

Why is New Mexico's 7-day firearm waiting period considered unconstitutional?

The court found that the 7-day wait violates the Second Amendment because the right to 'keep and bear' arms inherently includes the right to acquire them, and there's no historical tradition supporting such mandatory delays.

What legal test was applied to determine the constitutionality of the waiting period?

The court applied the Bruen test, which requires firearm regulations to be consistent with historical traditions. The lack of historical precedent for mandatory firearm acquisition delays made the New Mexico law unconstitutional.

What is the significance of the denial of en banc review in the Ortega v. Grisham case?

The denial of en banc review by the full 10th Circuit Court of Appeals means the three-judge panel's decision stands as the law of the circuit, solidifying the ruling against the unconstitutional waiting period.

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