The 10th Circuit Strikes Down Waiting Periods

Published on August 20, 2025
Duration: 15:02

The 10th Circuit Court of Appeals has struck down New Mexico's 7-day statutory waiting period for firearm purchases in Ortega v. Luhan Gisham. The court ruled that such waiting periods burden the Second Amendment right to acquire firearms and are not historically analogous to permissible regulations. This decision has significant implications for similar laws in other states, including Colorado.

Quick Summary

The 10th Circuit Court of Appeals has struck down New Mexico's 7-day statutory waiting period for firearm purchases in Ortega v. Luhan Gisham. The court ruled that such waiting periods unconstitutionally burden the Second Amendment right to acquire firearms and are not supported by historical tradition, impacting similar laws in other states.

Frequently Asked Questions

What did the 10th Circuit rule regarding firearm waiting periods in New Mexico?

The 10th Circuit Court of Appeals struck down New Mexico's 7-day statutory waiting period for firearm purchases in the case Ortega v. Luhan Gisham. The court found that such delays unconstitutionally burden the Second Amendment right to acquire firearms.

Why did the 10th Circuit strike down New Mexico's waiting period?

The court determined that the waiting period was not a permissible condition on firearm sales and did not have sufficient historical analog to justify its burden on the Second Amendment right to acquire arms. It was viewed as an intentional delay rather than a necessary regulatory step.

What is the significance of the Ortega v. Luhan Gisham ruling for other states?

This ruling is significant because it sets a precedent within the 10th Circuit, impacting states like Colorado which have similar statutory waiting periods. It reinforces the idea that these periods can be challenged as unconstitutional infringements on Second Amendment rights.

How does the right to acquire firearms relate to the Second Amendment?

The 10th Circuit affirmed that the right to acquire firearms is a necessary predicate to the core Second Amendment right to keep and bear arms. Just as freedom of the press requires the ability to acquire a printing press, the right to bear arms necessitates the ability to acquire firearms.

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