Ortega v Grisham 10th CCA panel kills NM waiting period law

[Sputnik]

The Tenth Circuit has issued a preliminary injunction ruling in Ortega v. Grisham than the seven day waiting period to purchase a firearm in New Mexico is unconstitutional.

https://storage.courtlistener.com/recap/gov.uscourts.ca10.88882/gov.uscourts.ca10.88882.85.1.pdf

While this has no direct benefit to CA it should help the case in CO and certainly shows a circuit split should this sort of case get to SCOTUS.

[Sputnik]

New Mexico’s en banc request to the 10th circuit has been denied.
Waiting periods are gone in NM and should be overturned anywhere else in the 10th (looking at you Colorado).
It appears we have a circuit split since the 9th said waiting periods are just fine.

[bohoki]

hate to say it but it feels like the 10th took one for the team

by not taking the case they lost their local waiting period but that does not create a circuit split as they didnt rule on the merits

i just wonder what tricks the anti gunners will come up with to cause a delay without legally causing a delay i have a couple ideas but i do not want to help destroy rights

[Sputnik]

So the three judge panel ruling doesn’t create precedent? I’m not a legal scholar by any means but I thought that would count for something.

[librarian72]

It's binding law In The 10th circuit (or should be). It also sets up a circuit split, which in theory would move it up the likelihood of having a supreme court case in the subject.

[abinsinia]

Hopefully the same 3 judge panel gets the merits appeal, and makes the same decision.

[DCoakley]

The feds (ATF) need to step in and squash these different so called waiting periods. Instant background checks are not difficult.

[Batman]

Well, heck... if we're going for Perfect World, SCOTUS will take up the assault weapon ban, combine it with the Bruen mag capacity issue, and rule that if you can but a gun in one state you can buy it it ALL states! No more Rosters, no more standard v. high capacity, and no more restrictions.

[DCoakley]

Sire would be nice to be able to buy forearms anywhere in the USA.

[GOEX FFF]

The feds (ATF) need to step in and squash these different so called waiting periods. Instant background checks are not difficult.

Yup not difficult at all. Here in TX, no wating periods. Filling out the 4473 takes more time than the BGC itself (3 minutes tops). From counter top to paying and on your way home, about 25 minutes total.

And if you have your LTC, you bypass the BGC since you've already been BGC'd when getting your LTC.

[CALI-gula]

Sire would be nice to be able to buy forearms anywhere in the USA.

There is no reason that we shouldn't be able to do so.

I'm against background checks, but even if they were to insist on keeping that and the 4473, with modern digital information archiving for the past 30 years, and the national instant check system being entirely country-wide and electronic, there is no reason to limit purchases to state level only anymore. While states like California have expanded background checks, which also check their own resources, there is still no reason that I shouldn't be able to go to Arizona to buy a firearm in that the Federal NICS check is still thorough and valid.

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[lurchnp81]

There is no reason that we shouldn't be able to do so.

I'm against background checks, but even if they were to insist on keeping that and the 4473, with modern digital information archiving for the past 30 years, and the national instant check system being entirely country-wide and electronic, there is no reason to limit purchases to state level only anymore. While states like California have expanded background checks, which also check their own resources, there is still no reason that I shouldn't be able to go to Arizona to buy a firearm in that the Federal NICS check is still thorough and valid.

.

Hear, hear!!