New Mexico Sued Again for Enforcing Gun Wait Period Ruled Unconstitutional

New Mexico's seven-day gun waiting period has already been ruled unconstitutional by a federal appeals court, but the state is apparently still enforcing it on almost everyone. In a video from Jared Yanis, he breaks down a brand new federal lawsuit filed October 19th that accuses New Mexico of ignoring the practical effect of that ruling.

Key points

• The lawsuit: Nine plaintiffs, including the Second Amendment Foundation, NRA, NSSF, and several New Mexico gun shops and ranges, are suing Attorney General Raul Torres over continued enforcement of HB 129.
• The prior ruling: The Tenth Circuit's 2025 decision in Ortega v. Gisham found the waiting period unconstitutional for buyers whose background checks clear within three days, and a rehearing request was denied 10-2.
• The loophole New Mexico is using: The state argues that ruling only protects the two original plaintiffs, Samuel Ortega and Rebecca Scott, and says it will keep prosecuting everyone else.
• The named example: Plaintiff Peter Hackett, a retired Albuquerque police officer with a federal security clearance, says he still faces the seven-day delay on a planned Glock purchase.
• What's being asked: Plaintiffs want a declaration that HB 129 is unconstitutional as applied, plus an injunction covering dealers, customers, and members, not just the original two.

Quick take

Yanis argues this case is really about whether a constitutional ruling means anything if a state can shrink it down to apply to two named people. That's a fair framing, and worth watching regardless of where you live, since other waiting-period states could feel the ripple effects of how a court settles this.

Watch the full video: Jared Yanis