10th circuit: NM 7 day waiting period violates the constitution

M14 Shooter

The Light of Truth
Joined
Sep 26, 2007
Messages
46,083
Reaction score
18,246
Points
2,260
Location
Bridge, USS Enterprise
The 10th circuit rules that the relevant district court must grant an injunction against the enforcement of this NM law, pending its movements through the appeal process.
Why?
It will likely be found as an unconstitutional burden on the right to keep as bear arms as protected by the 2nd and 14th amendments.

Cooling-off periods infringe on
the Second Amendment by preventing the lawful acquisition of firearms. 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. In this
preliminary posture, we conclude that New Mexico’s Waiting Period Act is likely an
unconstitutional burden on the Second Amendment rights of its citizens. We also
conclude the other preliminary injunction factors are met and that Plaintiffs are
entitled to an injunction

Winning!!
 
The 10th circuit rules that the relevant district court must grant an injunction against the enforcement of this NM law, pending its movements through the appeal process.
Why?
It will likely be found as an unconstitutional burden on the right to keep as bear arms as protected by the 2nd and 14th amendments.

Cooling-off periods infringe on
the Second Amendment by preventing the lawful acquisition of firearms. 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. In this
preliminary posture, we conclude that New Mexico’s Waiting Period Act is likely an
unconstitutional burden on the Second Amendment rights of its citizens. We also
conclude the other preliminary injunction factors are met and that Plaintiffs are
entitled to an injunction

Winning!!
I am really interested in how this plays out and what effects it will have on other states which have waiting periods. CA has had one for decades and WA has one as well. I'd love to see those laws vacated.
 
I am really interested in how this plays out and what effects it will have on other states which have waiting periods. CA has had one for decades and WA has one as well. I'd love to see those laws vacated.
I believe those waiting periods have legal challenges against them as well.
 

New Topics

Back
Top Bottom