Brickbat: Gunned Down
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Yahoo
an hour ago
- Yahoo
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court on Tuesday halted New Mexico's seven-day waiting period for gun purchases, ruling that it likely infringes on citizens' Second Amendment rights. The 2-1 ruling by the 10th U.S. Circuit Court of Appeals leaves the law on hold pending a legal challenge and returns the case to a lower court. The waiting period went into effect in May of last year and included violators being subject to a misdemeanor, but it does have an exception for concealed permit holders. Democrats had enacted the measure in an effort to allow for more time for federal background checks on gun buyers to be completed. "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," Judge Timothy Tymkovich wrote for the majority. "We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens." Nra And Conservative Legal Group Sue Democrat Governor Over 7-Day Waiting Period To Buy Guns The Mountain States Legal Foundation and National Rifle Association filed the lawsuit on behalf of two New Mexico residents, arguing that the law was unconstitutional and delayed access to firearms for victims of domestic violence and other citizens. Read On The Fox News App The lawsuit referenced the U.S. Supreme Court's landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen in which a new standard to determine whether a gun restriction is unconstitutional was established. To meet that standard, the government must show there is a "historical tradition of firearm regulation" that supports the law. Michael McCoy, director of the Mountain States Legal Foundation's Center to Keep and Bear Arms, celebrated the ruling. "The court found that there was no analogous law from that era that would support the modern day law that's at issue," McCoy said. "For now, it means New Mexicans can go buy their firearms without an arbitrary delay imposed." Federal Appeals Court Rules California Ammunition Background Checks Unconstitutional John Commerford, executive director of the National Rifle Association's Institute for Legislative Action, also praised the court's decision, saying it "serves as a key piece in dismantling similar gun control laws across the country." In a dissent, Judge Scott Matheson argued that New Mexico's waiting period "establishes a condition or qualification on the commercial sale of arms that does not serve abusive ends." Gov. Michelle Lujan Grisham, a Democrat, said she was disappointed with the ruling and claimed it would likely cost lives. "New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights," Lujan Grisham said in a statement, pointing to other exceptions for gun purchases by law enforcement officers and transactions between immediate family members. "Waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis," she added. Since she was sworn in as governor in 2019, Lujan Grisham has signed several gun control measures, including a "red flag" law allowing a court to temporarily remove guns from people suspected of being at risk of hurting themselves or others and restrictions on firearms near polling places. In 2023, the governor suspended the right to carry guns in public parks and playgrounds in Albuquerque in response to shootings across the state that killed children. Lujan Grisham declared a state of emergency in Albuquerque earlier this year, saying that a significant uptick in crime warranted the help of the state's National Guard. She also declared a state of emergency last week over violent crime and drug trafficking across parts of northern New Mexico. Legal experts have said the ruling could have wider consequences because other states, including California, Hawaii and Illinois, have imposed similar restrictions on gun purchases. In New Mexico, the waiting period applies to all licensed dealer firearm sales for handguns and long guns. The only exception applies to concealed carry permit holders, law enforcement and immediate family transfers. Those in support of the waiting period laws argue that research links the law to reduced suicides and crimes of passion limiting impulsive behavior. Officials in New Mexico have not said if they will seek review from the full 10th Circuit or appeal directly to the U.S. Supreme Court. The Associated Press contributed to this article source: Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment Solve the daily Crossword
Yahoo
an hour ago
- Yahoo
Appeals court tosses New Mexico's seven-day waiting period for gun buys
Aug. 19—New Mexico's seven-day "cooling off" period for most gun purchases violates the Second Amendment right to bear arms, the 10th Circuit Court of Appeals ruled Tuesday. A three-member panel of the Denver-based court reversed the decision by U.S. District Judge James Browning of Albuquerque, who refused to grant a preliminary injunction in July 2024 to halt enforcement of the law. Gov. Michelle Lujan Grisham, in a statement on Tuesday, appeared to favor appealing the ruling, a sentiment echoed by state Sen. Joseph Cervantes, D-Las Cruces, who co-sponsored the measure during the 2024 legislative session. "We have tried very hard in the Legislature to stay within the lanes that the U.S. Supreme Court has put up," Cervantes told the Journal. "The challenge is that the Supreme Court keeps changing the goal posts." He said the 10th Circuit's conclusion was unexpected, considering that a number of other courts at the same level as the 10th Circuit have upheld such waiting periods as constitutional. Meanwhile, Republican lawmakers joined gun shop representatives in lauding the appeals decision. "Justice delayed is justice denied," said Jason Archie, manager of Right To Bear Arms gun shop at 11200 Montgomery NE. "It was represented as a way to prevent crime, but I didn't see that crime went down at all." He said enforcement of the waiting period was a "hassle" that most customers weren't happy about. The legal challenge to the law, which was enacted in early 2024, was filed on behalf of two gun owners, one from Farmington and the other from Albuquerque, who complained about trying to buy a firearm for personal purposes only to be told they had to come back a week later to pick it up. Supporters argued that the waiting period would help reduce gun violence and gun deaths in New Mexico. "Even though the potential to reduce impulsive gun violence might be true, once we acknowledge that the Waiting Period Act likely burdens Second Amendment activity, that potential is outweighed," wrote the appeals panel. The appeals court found that the law applies "a blanket burden across all of society, assuming that everyone is dangerous or unstable before they can exercise their Second Amendment right." In her statement, Lujan Grisham said the decision was "deeply disappointing, plainly wrong and likely to cost lives in New Mexico. New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights." She said the dissenting opinion in the ruling even notes that New Mexico's law "is likely to save approximately thirty-seven lives per year." "This ruling ignores a recent binding Tenth Circuit precedent that upheld Colorado's law barring gun purchases by anyone under the age of 21 — a law that requires 18-year-olds to wait three years to purchase a weapon," she added. The ruling also mischaracterizes New Mexico's gun purchase waiting period, saying it applies to "everyone" when, in fact, it doesn't apply to those who sell guns to immediate family members, those with a concealed carry permit and law enforcement officers, the governor stated. "The evidence is clear — waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis. I'm disappointed that today's ruling doesn't take this into account," she stated, adding that her administration was reviewing its legal options in reaction to the "misguided ruling." The New Mexico House initially approved a 14-day waiting period in early 2024, but a Senate floor amendment cut the wait time to seven days before the final passage. Meanwhile, Rhode Island, Maryland and New Jersey have adopted a seven-day waiting period, with four states, Colorado, Florida, Illinois and Vermont opting for three days. California has a 30-day waiting period. Browning, after hearing legal arguments and testimony from historian witnesses, also considered the plain language of the Second Amendment. He concluded that the right to acquire a firearm in New Mexico, which mandated the waiting period, didn't impede the right to "keep and bear" a firearm. But the appeals court held the opposite view, stating that "the constitutional injury to the Plaintiffs is so broad and clear that they have met their higher burden entitling them to an injunction changing the status quo." The court reversed Browning's ruling, and sent the case back for further proceedings. Republican legislators predicted this outcome during debate on the bill in 2024, but Democrats nonetheless passed HB 129 without a single Republican vote, stated Brandon Harris, spokesperson for the state Senate Republican Leadership office. Senate Republican Leader Bill Sharer of Farmington welcomed the appeal court ruling, reiterating that "the clear language of the 2nd Amendment says that 'the right of the people to keep and bear arms SHALL NOT BE INFRINGED.'" Sharer also questioned the logic behind the law itself, pointing out that "Criminals certainly don't wait seven days before breaking into our homes and threatening our families and properties... What sense does it make to require law-abiding citizens to wait seven days before being able to defend themselves?" Solve the daily Crossword
Fox News
4 hours ago
- Fox News
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court on Tuesday halted New Mexico's seven-day waiting period for gun purchases, ruling that it likely infringes on citizens' Second Amendment rights. The 2-1 ruling by the 10th U.S. Circuit Court of Appeals leaves the law on hold pending a legal challenge and returns the case to a lower court. The waiting period went into effect in May of last year and included violators being subject to a misdemeanor, but it does have an exception for concealed permit holders. Democrats had enacted the measure in an effort to allow for more time for federal background checks on gun buyers to be completed. "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," Judge Timothy Tymkovich wrote for the majority. "We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens." The Mountain States Legal Foundation and National Rifle Association filed the lawsuit on behalf of two New Mexico residents, arguing that the law was unconstitutional and delayed access to firearms for victims of domestic violence and other citizens. The lawsuit referenced the U.S. Supreme Court's landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen in which a new standard to determine whether a gun restriction is unconstitutional was established. To meet that standard, the government must show there is a "historical tradition of firearm regulation" that supports the law. Michael McCoy, director of the Mountain States Legal Foundation's Center to Keep and Bear Arms, celebrated the ruling. "The court found that there was no analogous law from that era that would support the modern day law that's at issue," McCoy said. "For now, it means New Mexicans can go buy their firearms without an arbitrary delay imposed." John Commerford, executive director of the National Rifle Association's Institute for Legislative Action, also praised the court's decision, saying it "serves as a key piece in dismantling similar gun control laws across the country." In a dissent, Judge Scott Matheson argued that New Mexico's waiting period "establishes a condition or qualification on the commercial sale of arms that does not serve abusive ends." Gov. Michelle Lujan Grisham, a Democrat, said she was disappointed with the ruling and claimed it would likely cost lives. "New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights," Lujan Grisham said in a statement, pointing to other exceptions for gun purchases by law enforcement officers and transactions between immediate family members. "Waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis," she added. Since she was sworn in as governor in 2019, Lujan Grisham has signed several gun control measures, including a "red flag" law allowing a court to temporarily remove guns from people suspected of being at risk of hurting themselves or others and restrictions on firearms near polling places. In 2023, the governor suspended the right to carry guns in public parks and playgrounds in Albuquerque in response to shootings across the state that killed children. Lujan Grisham declared a state of emergency in Albuquerque earlier this year, saying that a significant uptick in crime warranted the help of the state's National Guard. She also declared a state of emergency last week over violent crime and drug trafficking across parts of northern New Mexico. Legal experts have said the ruling could have wider consequences because other states, including California, Hawaii and Illinois, have imposed similar restrictions on gun purchases. In New Mexico, the waiting period applies to all licensed dealer firearm sales for handguns and long guns. The only exception applies to concealed carry permit holders, law enforcement and immediate family transfers. Those in support of the waiting period laws argue that research links the law to reduced suicides and crimes of passion limiting impulsive behavior. Officials in New Mexico have not said if they will seek review from the full 10th Circuit or appeal directly to the U.S. Supreme Court.
