12/23/2025

Just days before Christmas, gun owners received a massive legal win. In a historic decision, the U.S. Court of Appeals for the Tenth Circuit dealt a major blow to firearm waiting periods, ruling that New Mexico’s seven-day “cooling-off” period likely violates the Second Amendment.

Waiting periods—sometimes lasting up to ten days—are imposed in roughly a dozen states and are justified by lawmakers as a way to force citizens to “cool off” before exercising a constitutional right. Courts have long dismissed these delays as minor burdens. That changed this week.

In August, a three-judge panel ruled that New Mexico’s waiting period unlawfully prevents the lawful acquisition of arms and lacks any relevant historical analog. This week, the full Tenth Circuit refused to rehear the case en banc, allowing the pro-Second Amendment ruling to stand.

The court ordered the case sent back to the district court with instructions to enter an injunction, making New Mexico’s waiting period unenforceable.

This decision is now binding precedent within the Tenth Circuit, which covers Colorado, New Mexico, Kansas, Oklahoma, Utah, and Wyoming. It also strengthens challenges to waiting periods in other states—including California’s 10-day delay.

If the Ninth Circuit upholds California’s law, this ruling could create a circuit split, dramatically increasing the chances that the Supreme Court takes up the issue.

For the first time, a federal circuit court has clearly recognized what gun owners have long argued: a right delayed is a right denied. This landmark victory could mark the beginning of the end for waiting periods across the country.

Merry Christmas indeed.