Waiting Periods Ruled Unconstitutional

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Cooling-off periods infringe on the Second Amendment by preventing the lawful acquisition of firearms. 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. In this preliminary posture, we conclude that New Mexico’s Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens. We also conclude the other preliminary injunction factors are met and that Plaintiffs are entitled to an injunction.

Timothy Michael Tymkovich
Chief Judge of the United States Court of Appeals for the Tenth Circuit
August 19, 2026
SAMUEL ORTEGA; REBECCA SCOTT,
Plaintiffs – Appellants,
v.
MICHELLE LUJAN GRISHAM, in her
official capacity as Governor of the State of
New Mexico; RAUL TORREZ, in his
official capacity as Attorney General of the
State of New Mexico,

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I don’t think I will ever get tired of winning. Prove me wrong.

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15 thoughts on “Waiting Periods Ruled Unconstitutional”

  1. I love winning too.
    Let me know your thoughts on this though….
    Are we winning faster than the Overton window is shifting in our direction?
    At what point will we undo so much gun control that a large majority of voters feel uncomfortable with such drastic sudden change?

    Also: The best way to move the Overton window quickly?
    The best thing that I can think to do personally is be a visible, active member of the community. The nice guy who helps set-up and clean-up at community events and always wears an NRA shirt. The guy who tips well and wears the USA Shooting polo shirt.
    Including target shooting in more conversations.
    Taking new folks shooting.
    and (gasp!) maybe even putting a bumper sticker on my car…

    Thougths?

  3. Winning is definitely better but as Wellington said “”nothing except a battle lost can be half so melancholy as a battle won.”

    We are spending our own money winning these battles while the losers spend taxpayer (i.e. our) money. I am sure that NM will come up with a tweaked law and here we go again. What this highlights is that there are a 12-20 states who are ruled by people who do not share our values. There are minorities in those state, sometimes substantial, who do share our values and are more oppressed than those of us living in free states. The rulers live in cities and dominate politics in the states. We really need to concentrate on redrawing state borders.

  4. Sorry to shout but …

    NEW MEXICO’S WAITING PERIOD IS STILL BEING ENFORCED!

    And nobody here seems to know when that will change.

    • Paranoid and power made commies will not turn loose easily.

      I’d like to think they have better sense than to have to be forcefully shown that political power really does come from the barrel of gun….

    • “Enforced”?
      By whom?
      If the individual FFL is just playing it safe, that one thing.
      But if you have a state official enforcing it, file a suit under 42 U.S.C. § 1983, but be sure to name the INDIVIDUAL enforcing it….not the agency. Strips them of indemnity (personal asset protection) in most instances.
      No offense to those who want to see people perp-walked and jailed for this type of garbage but that’s unlikely to happen soon or often.
      Clear out enough personal pensions, portfolios, and real estate holdings and the civil servants may start to pay attention if only out of a sense of self preservation.

  5. Pingback: Instapundit » Blog Archive » STILL NOT TIRED OF WINNING:  Waiting Periods Ruled Unconstitutional.

  6. “A right delayed is a right denied.”

    Gee, sure is nice for the left might finally be forced to recognize something one of their icons said more than six decades ago.

  7. If waiting periods to pick up an arm are unconstitutional, are preconditions with temporal constraints unconstitutional too? Does a 2 day class to get a permit to buy an arm also fail the constitutional test?

    • I would think a one-hour class would also fail. But I am not a lawyer. I can tell you that should we decide to change the class requirements we should start with the longest class requirement we can find and, if possible, one you have to take repeatedly. Such as with every gun purchase or even every year, including if you are an instructor of said classes.

      • They might get away with “take this safety course within a year of getting your firearm, paid at state/fed expense”.

        Congress does have the power to “regulate the militia”, and since the militia is “the whole of the people, less public officials” and “regulate” means to “cause to behave in a regular manner”, there could be a power to get people to take a firearms safety course… but not to delay their right to acquire and therefore keep arms.

  8. The current commie government is violating the constitution on a daily basis and all who are need put back in place for doing so like a federal prison.

  9. Caused by the many crooked politicians in OUR current goverment and those before.

  10. In Silvester v Becerra the Ninth Circus Court has UPHELD firearm waiting periods…so this is likely to be taken to the SCOTUS. We shall see what happens there.

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