The Second Amendment Foundation, National Shooting Sports Foundation (NSSF), National Rifle Association and others today filed a lawsuit seeking declaratory and injunctive relief against New Mexico Attorney General (AG) Raúl Torrez for the state’s continued enforcement of New Mexico’s seven-day “cooling off” period after a law-abiding New Mexican passes an FBI National Instant Criminal Background Check System (NICS) verification to purchase a firearm.
NSSF announced the action via a news release, as did SAF, separately. The case is known as NSSF v. Torrez.
“It’s a sad state of affairs when a state attorney general won’t follow the rulings set by a court of law,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There comes a point where policy decisions go beyond mere ideology and enter the realm of zealotry, and New Mexico officials are toeing that line. The Tenth Circuit has already struck this law down, and it’s unfortunate that we have to file additional litigation to force New Mexico lawmakers to abide by their constitutional oaths.”
“It’s incredibly concerning that state officials would flaunt a federal circuit decision and publicly boast of their intentions to continue to enforce an unconstitutional law,” said SAF Executive Director Adam Kraut. “This is a slap in the face to the judicial system simply because the attorney general in New Mexico feels the Second Amendment is a second-class right. SAF is thrilled to be joining the plaintiff organizations from Ortega in this new challenge to get the rights of as many New Mexico residents vindicated as absolutely possible.”
“New Mexico’s Governor Michelle Lujan Grisham and Attorney General Raúl Torrez are blatantly and unconstitutionally enforcing New Mexico’s seven-day waiting period law, despite it having twice been held to violate Second Amendment rights of law-abiding New Mexicans,” stated Lawrence G. Keane, NSSF’s Senior Vice President & General Counsel. “Criminals do not purchase firearms at retail and do not submit to a waiting period before illegally obtaining a gun. This unconstitutional law only impacts law-abiding citizens seeking to exercise their constitutional rights to purchase and possess a firearm for lawful purposes. Twice now federal courts have ruled this law is unconstitutional. It is outrageous that the governor and attorney general are still moving ahead to enforce an unconstitutional law. It is a grotesque misuse of government power, a waste of taxpayer money and puts law-abiding citizens at risk while doing nothing to punish criminals. NSSF is confident we will be victorious in court.”
Joining SAF, NSSF and NRA are the New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms and a private citizen, Peter Hackett.
As recalled in the SAF announcement, in 2024, New Mexico enacted House Bill 129 which forces firearms purchasers to wait out a multi-day waiting period before taking possession of a firearm despite having already been approved through the state’s background check system. This new case follows the 2025 Ortega v. Grisham lawsuit where the Tenth Circuit held the law was unconstitutional and remanded to the district court, which subsequently issued a permanent injunction. Despite these rulings holding the law to violate the Second Amendment, New Mexico has maintained that it will continue to enforce it against everyone except the named individuals in Ortega. The suit filed today seeks to expand the coverage of the Ortega holding to include all SAF members.
As noted in the complaint, “Although Plaintiffs always view litigation as a last resort, New Mexico has made clear that it will not abide the Tenth Circuit’s ‘holding’ unless and until a court makes it do so. So Plaintiffs seek an order that once again declares HB129 unconstitutional in the context of firearms sales to individuals who pass the background check required under federal law and that enjoins New Mexico from enforcing the law against them, their customers, and their members.”
Last year, NSSF recalled, the U.S. Court of Appeals for the Tenth Circuit ruled in an NSSF-supported challenge Ortega v. Grisham that New Mexico’s seven-day waiting period for firearm purchases infringes on the Second Amendment by preventing the lawful acquisition of firearms by those who had already passed a NICS check. The case was remanded to the district court which, citing the Tenth Circuit’s decision, granted summary judgment and entered a permanent injunction barring the state from enforcing the law as to the named plaintiffs. Despite these rulings, the state is appealing again and has said it will enforce this unconstitutional law. NSSF has been on the frontline of this legal challenge, funding the initial appeal and remand proceedings, as well as the opposition to the state’s new appeal.
It is NSSF’s position that the Tenth Circuit was clear that the law is unconstitutional as to all individuals who receive a “proceed” from NICS and strongly disagrees with the state’s threat to enforce this unconstitutional law against federally licensed firearm retailers who are not a party to the original case. It is regrettable that NSSF and its litigation partners have no choice but to file a second lawsuit to ensure that its members are protected.
