Last updated October 2026 · By Nick Hall, who has followed New Mexico’s waiting period case since the Tenth Circuit ruling
Quick take: The gun industry, the NRA and the Second Amendment Foundation sued New Mexico on October 19 to stop it enforcing its seven-day gun waiting period. The Tenth Circuit already ruled the wait unconstitutional for buyers who pass a background check, but the state says that ruling only protects the two people who won it.
- The case: NSSF v. Torrez, No. 1:26-cv-03514 in federal court in New Mexico, filed October 19, 2026 against Attorney General Raúl Torrez.
- Who sued: NSSF, the NRA, SAF, two New Mexico gun groups, three Albuquerque gun shops and a retired Albuquerque police officer.
- The ask: A ruling that the wait is unconstitutional for buyers cleared in under 72 hours, and an order barring enforcement against the plaintiffs, their customers and their members.
- For buyers today: Nothing changes yet. New Mexico still applies the seven-day wait to almost everyone.
New Mexico lost this argument in the Tenth Circuit last year and lost it again in district court in August. It is still enforcing the law. So the industry has filed a second lawsuit to get what the first one apparently did not deliver.
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Table of Contents
Why a Second Lawsuit
The complaint opens with a line you do not often see in a court filing: “Plaintiffs regret that they have been left with no choice but to file this lawsuit.”
The reason is the first case, Ortega v. Grisham. In 2025 the Tenth Circuit held New Mexico’s waiting period unconstitutional “both facial[ly] and as-applied,” except for buyers whose background checks are not cleared within three days. New Mexico asked the full court to rehear it and, according to the complaint, lost 10-2. The district court then granted the Ortega plaintiffs summary judgment in August.
But Ortega had two plaintiffs. The complaint says the New Mexico Department of Justice “has taken the position that it may continue applying to everyone else” a law the Tenth Circuit called “obviously unconstitutional.” We covered that gap when the August ruling came down: the waiting period lost in court and still applies to nearly every buyer in the state.
Who Is Suing
There are nine plaintiffs. The national groups are the National Shooting Sports Foundation, the National Rifle Association and the Second Amendment Foundation. The state groups are the New Mexico Firearms Industry Association and the New Mexico Shooting Sports Association.
Three dealers signed on, all in Albuquerque: Calibers Shooting Sports Center, which has two stores, Omni Tactical USA and Right to Bear Arms. The ninth plaintiff is Peter Hackett, who the complaint says served more than twenty years with the Albuquerque Police Department and holds a Department of Energy Q clearance.
Hackett is the concrete example. The complaint says he plans to buy a Glock 21 Gen 5 MOS for self-defense “on or about October 24, 2026” from Right to Bear Arms, and that he “will be unable to acquire the firearm for seven days” because of the law.
The only defendant is Attorney General Raúl Torrez, who the complaint notes was a named party in Ortega and is bound by its judgment.
What New Mexico’s Waiting Period Requires
The law is House Bill 129, passed in 2024 and codified at N.M. Stat. § 30-7-7.3. It requires a “waiting period of seven calendar days” before a gun is handed over, and the seven days include the time for the federal background check. So a buyer who clears NICS in minutes still waits a full week.
Breaking it is a misdemeanor, and the complaint stresses that this applies to “both the buyer and the seller.” It also says state officials have warned that buyers and sellers who skip the wait “should be prepared to face criminal charges in state court.”
The exemptions are narrow: sales to licensed dealers, sales to people with a valid New Mexico concealed handgun license, sales to law enforcement agencies or between officers, and sales between immediate family members. Our New Mexico gun laws guide covers the rest of the state’s rules.
What the Lawsuit Asks For
The relief is deliberately narrow. The plaintiffs want a declaration that the law violates the Second Amendment “as applied to all law-abiding citizens who pass a background check in less than 72 hours.”
They also want a preliminary and permanent injunction barring the attorney general and anyone under his control from enforcing the law against the plaintiffs, their customers and their members, plus attorneys’ fees. With NSSF members, NRA and SAF members and three busy Albuquerque stores in the mix, that order would cover a large share of New Mexico gun sales, though not all of them.
The legal team includes Clement & Murphy, the Supreme Court firm, along with Mountain States Legal Foundation and Albuquerque firm Harrison & Hart.
Where Waiting Periods Stand Now
The same day this suit was filed, the Supreme Court declined to hear Maine’s 72-hour waiting period case, leaving the First Circuit’s ruling for Maine in place. We covered that in our report on the Maine cert denial. So the First Circuit and the Tenth Circuit now point in opposite directions, and the Supreme Court has not stepped in.
The Justice Department is also suing Minnesota over its 30-day wait, covered in our report on DOJ’s Minnesota lawsuit.
For a New Mexico buyer, the short answer is the same as last week. Plan on seven days unless you hold a state concealed carry license. The court now has to decide whether a ruling the state already lost applies to anyone besides the two people who won it.
Frequently Asked Questions
Does New Mexico still have a 7-day waiting period?
Yes. The Tenth Circuit held the waiting period unconstitutional for buyers who pass a background check, but New Mexico takes the position that the ruling only covers the two plaintiffs in Ortega v. Grisham, so it still applies the seven-day wait to other buyers.
Who filed the new New Mexico waiting period lawsuit?
NSSF, the NRA, the Second Amendment Foundation, the New Mexico Firearms Industry Association, the New Mexico Shooting Sports Association, three Albuquerque gun dealers and retired Albuquerque police officer Peter Hackett filed NSSF v. Torrez on October 19, 2026.
What does the NSSF v. Torrez lawsuit ask for?
A declaration that the waiting period violates the Second Amendment for law-abiding buyers who pass a background check in under 72 hours, and an injunction barring enforcement against the plaintiffs, their customers and their members.
Who is exempt from New Mexico's waiting period?
Sales to licensed firearms dealers, sales to people with a valid New Mexico concealed handgun license, sales to law enforcement agencies or between officers, and sales between immediate family members.
Is it a crime to skip New Mexico's waiting period?
Yes. Transferring a firearm in violation of the law is a misdemeanor for both the buyer and the seller under N.M. Stat. 30-7-7.3.
Does the waiting period start after the background check?
No. The seven calendar days include the time needed for the federal instant background check, so a buyer who clears in minutes still waits the full seven days.
Related Reading
- New Mexico’s Waiting Period Lost in Court and Still Applies to You
- New Mexico Gun Laws
- Supreme Court Turns Away Maine’s 72-Hour Gun Wait Case
- DOJ Sues Minnesota Over Its Handgun Purchase Wait
- US Gun Laws by State
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