BELLEVUE, Wash. — Oct. 20, 2026 — The Second Amendment Foundation (SAF) and its partners have filed a new lawsuit in New Mexico challenging the state’s “cooling off” waiting period for firearms purchases.
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.
“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.”
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.”
SAF is joined in NSSF v. Torrez by the National Shooting Sports Foundation, National Rifle Association, New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms and private citizen Peter Hackett.
“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.”
For more information visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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