The Only Right You Have to Wait to Exercise

Published on May 29, 2024
Duration: 12:59

This video analyzes the legal challenge Ortega v. Grisham against New Mexico's mandatory seven-day firearm waiting period. It argues that such delays infringe upon the Second Amendment right to acquire arms, citing the Bruen standard's requirement for historical analogues. The case highlights the plaintiffs' contention that the law is unconstitutional due to its arbitrary delay and the existence of numerous exceptions.

Quick Summary

The Ortega v. Grisham case challenges New Mexico's mandatory seven-day firearm waiting period, arguing it violates the Second Amendment. Plaintiffs contend that such delays infringe upon the right to acquire firearms and that the law lacks historical justification required by the Bruen standard.

Chapters

  1. 00:00Introduction: Comparing Rights
  2. 00:40Statutory Waiting Periods and New Mexico Law
  3. 01:07Sponsor Segment: Paint Cam Home Security
  4. 03:07Case Overview: Ortega v. Grisham
  5. 03:15New Mexico Statute 30-7-7.3 Explained
  6. 03:35Mandatory Seven-Day Waiting Period
  7. 03:57Plaintiffs: Mountain State Legal Foundation & NRA
  8. 04:51Plaintiffs' Opening Memorandum Arguments
  9. 05:49Second Amendment & Bruen Standard Application
  10. 06:40Bruen Standard for Historical Analogues
  11. 07:07Impact on Lawful Firearm Possession
  12. 07:32Right Delayed is a Right Denied
  13. 07:48Government's Argument: Right to Acquire vs. Keep
  14. 08:04Plaintiffs' Rebuttal: Acquisition Implies Keeping
  15. 08:34Governor Grisham's Rationale and Exemptions
  16. 09:00Analysis of Waiting Period Act Exceptions
  17. 09:54State's Burden: Historical Analogues
  18. 10:31Historical Context of Waiting Periods
  19. 10:51Plaintiffs' Requested Remedies
  20. 11:05Declaratory Judgment and Injunctive Relief
  21. 11:33Remedies Under 42 U.S.C. § 1983 & § 1988
  22. 11:55Conclusion and Resources

Frequently Asked Questions

What is the Ortega v. Grisham case about?

The Ortega v. Grisham case challenges New Mexico's mandatory seven-day waiting period for firearm purchases. Plaintiffs argue this law violates the Second Amendment by unduly delaying the right to acquire firearms, citing the Bruen standard's requirement for historical justification.

What is New Mexico's Waiting Period Act?

New Mexico's Waiting Period Act (Statute 30-7-7.3) requires a minimum of seven full calendar days to pass between the sale of a firearm and its delivery to the buyer, even if the background check is cleared immediately.

How does the Bruen decision apply to firearm waiting periods?

Under the Bruen standard, the government must prove that modern firearm regulations, like waiting periods, are consistent with the nation's historical tradition of firearm regulation. Plaintiffs in Ortega v. Grisham argue that such historical analogues do not exist for these types of delays.

Who are the plaintiffs in the Ortega v. Grisham lawsuit?

The plaintiffs in the Ortega v. Grisham lawsuit include individuals challenging the law, the Mountain State Legal Foundation, and the National Rifle Association (NRA). They are seeking to have the waiting period law declared unconstitutional.

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