The ruling by the 10th U.S. Circuit Court of Appeals sends the case back to a lower court. New Mexico’s waiting period went into effect in May 2024, and does hold an exception for concealed permit holders.
“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.
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