US appeals court blocks New Mexico’s 7-day waiting period on gun purchases
- A federal appeals court blocked New Mexico’s 7-day waiting period on gun purchases, stating it likely violates the Second Amendment rights of citizens.
- The court determined that the waiting period does not fit into any historically grounded exceptions to the Second Amendment's scope.
- The waiting period law applies to private transactions, not just commercial sales, making it a burden on the right to bear arms.
- The court argued that delaying the exercise of a right due to potential misuse lacks sufficient justification.
94 Articles
94 Articles
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court ruled New Mexico's gun waiting period law likely violated the Second Amendment, putting the measure on hold pending a legal challenge.
New Mexico’s 7-Day ‘Cooling Off’ Period for Gun Purchases is Unconstitutional, Appeals Court Rules
New Mexico’s seven-day waiting period after the purchase of a gun was ruled unconstitutional by the U.S. Circuit Court of Appeals for the 10th Circuit in a two-to-one decision on Aug. 19. The 2024 law requires a so-called “cooling off period” of seven days before a buyer can take a legally purchased firearm home. This is in addition to passing a background check and proving they can legally own a firearm under the law. Plaintiffs Samuel Ortega a…
Federal Appeals Court Blocks New Mexico’s Gun Sales Waiting Period
Requiring most buyers to wait a week before completing a firearm purchase likely runs afoul of the Second Amendment, a federal appeals court found Tuesday. A divided three-judge panel for the Tenth Circuit Court of Appeals issued a preliminary injunction against New Mexico’s seven-day waiting period requirement for most gun sales. Using the test established by the Supreme Court in the 2022 New… Source
Court Blocks N.M.'s 7-Day Waiting Period on Gun Purchases
Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment's scope, wrote Judge Timothy Tymkovich in the split 2-1 ruling. We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens.
Coverage Details
Bias Distribution
- 55% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium