NSSF®, The Firearm Industry Trade Association, filed a preliminary injunction motion with the U.S. District Court for the District of New Mexico, seeking to block enforcement of Gov. Michelle Lujan Grisham's law requiring a seven-day "cooling-off" waiting period to take legal possession of a lawfully purchased firearm after the buyer has passed a federally mandated National Instant Criminal Background Check System (NICS) check. NSSF, earlier this week, filed a legal challenge to the law.
Last year, 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 sent back 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 in that case. Despite these rulings, the state is appealing again and has said it will enforce this unconstitutional law. As a result, NSSF filed a second challenge to New Mexico's law.
"It would be unconscionable to allow this blatantly unconstitutional law to be enforced and infringe on the Second Amendment rights of law-abiding New Mexicans," said Lawrence G. Keane, NSSF's Senior Vice President & General Counsel. "The burden is on the state to demonstrate that this unconstitutional law is consistent with a national tradition of imposing waiting periods before taking possession of a firearm, something the state was unable to do in the prior lawsuit. NSSF will not stand idly by and allow New Mexico to continue to knowingly trample on its citizens' Second Amendment rights."
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.
The Tenth Circuit was clear that the law is unconstitutional as to all individuals who receive a "proceed" from NICS and strongly opposes the state's threat to enforce this unconstitutional law against federally licensed firearm retailers and law-abiding citizens who were not a party to the original case. It is regrettable that NSSF and its litigation partners have no choice but to seek a preliminary injunction in this second lawsuit to ensure that its members' rights are protected.
About NSSF: NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen's organizations and publishers nationwide. For more information, visit nssf.org.