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

Published on December 24, 2025
Duration: 17:30

This video discusses the 10th Circuit Court of Appeals' decision in Ortega v. Grisham, which ruled New Mexico's 7-day firearm waiting period unconstitutional under the Second Amendment. Host Mark W. Smith, a constitutional attorney, explains that the right to acquire firearms is inherent to the right to keep and bear them, and that historical tradition does not support such mandatory delays. The court's denial of en banc review solidifies this ruling, impacting other states in the circuit.

Quick Summary

The 10th Circuit Court of Appeals ruled New Mexico's 7-day firearm waiting period unconstitutional, affirming that the Second Amendment protects the right to acquire firearms. This decision, solidified by the denial of en banc review, aligns with the Bruen test's requirement for historical precedent and rejects mandatory delays.

Chapters

  1. 00:0010th Circuit Upholds 2A: Waiting Periods Unconstitutional
  2. 00:48Mark W. Smith: Constitutional Attorney & Author
  3. 01:32New Mexico's 7-Day Waiting Period Explained
  4. 04:13Acquisition as a Fundamental Right
  5. 06:00Bruen Test & Historical Tradition
  6. 09:47En Banc Review Denied: Ruling Stands
  7. 11:13Critique of Dissenting Opinions
  8. 13:35Waiting Periods vs. Heckler's Veto

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 upheld a ruling that New Mexico's 7-day waiting period for firearm acquisitions is unconstitutional under the Second Amendment. The court denied a request for en banc review, solidifying this decision.

Why is a 7-day firearm waiting period considered unconstitutional?

The court reasoned that the right to 'keep and bear' arms inherently includes the right to acquire them. Mandatory waiting periods, especially when background checks are instant, infringe upon this right without sufficient historical precedent, as required by the Bruen test.

What is the significance of the 10th Circuit denying en banc review?

By denying en banc review, the 10th Circuit allowed the three-judge panel's decision in Ortega v. Grisham to stand as the law of the circuit. This strengthens the precedent against firearm waiting periods and impacts states like Colorado and Utah within the 10th Circuit's jurisdiction.

How does the Bruen test apply to firearm waiting periods?

The Bruen test requires that firearm regulations be consistent with the nation's historical tradition of firearm regulation. The court found no historical tradition of mandating firearm waiting periods simply for the sake of delay, rendering New Mexico's law unconstitutional.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from The Four Boxes Diner

View all →