A federal appeals court just delivered a major win for gun rights, striking down New Mexico’s seven-day waiting period for buying a firearm, and the ruling could ripple into Wyoming.
On August 19, the 10th U.S. Circuit Court of Appeals (which covers Wyoming, Colorado, Utah, Kansas, and Oklahoma) blocked the law in a 2–1 decision, saying the waiting period likely violates the Second Amendment.
Judges Split on “Cooling-Off”
Writing for the majority, Judge Timothy Tymkovich said so-called cooling-off periods don’t fit into any historically recognized restrictions on the right to bear arms:
“Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms.”
But Judge Scott Matheson disagreed, arguing the law was a reasonable condition on commercial sales.
New Mexico’s Law in Question
The waiting-period law was passed in early 2024 and took effect May 15, 2024. It required buyers to wait seven calendar days before taking possession of a gun, even if they cleared the federal background check quickly. Exemptions included concealed-carry holders, law enforcement, and immediate family transfers.
Supporters, including Governor Michelle Lujan Grisham, said the law was meant to reduce impulsive shootings and suicide. She blasted the court’s ruling, warning it could “cost lives.”
Why Wyoming Should Care
Because Wyoming falls under the 10th Circuit, this ruling matters here too. Colorado passed its own three-day waiting period in 2023, and that law is already facing lawsuits. The New Mexico ruling could be a preview of what’s to come.
Bigger Picture
This isn’t just a Southwest story. Courts are taking a hard look at waiting-period laws everywhere after the Supreme Court’s 2022 Bruen decision, which says gun restrictions must line up with America’s historical tradition.
In June, the 9th Circuit struck down California’s 30-day firearm purchase limit, calling it unconstitutional.
Together, these rulings show the courts are increasingly skeptical of modern waiting-period laws, setting up a nationwide clash between state legislatures and the Second Amendment.
What’s Next
The New Mexico case now heads back to the lower court, but the issue isn’t going away. With multiple states’ laws under fire, the debate over waiting periods could be on a collision course with the U.S. Supreme Court, where the next big Second Amendment showdown may be decided.
AntlersArch founder and the voice behind Teton Tattle.
