ALBUQUERQUE, NM — Gun-rights organizations, three Albuquerque firearm retailers and a prospective buyer sued New Mexico Attorney General Raúl Torrez on October 19, asking a federal judge to block enforcement of the state's seven-day firearm waiting period against them, their customers and their members.
The complaint in NSSF v. Torrez, filed in the U.S. District Court for the District of New Mexico, follows the earlier Ortega v. Grisham challenge. The plaintiffs contend that state officials continue enforcing the delay against people outside that earlier case despite the challengers' court victory.
The National Shooting Sports Foundation, National Rifle Association and Second Amendment Foundation are among the nine plaintiffs. Retailers Calibers Shooting Sports Center, Omni Tactical USA and Right to Bear Arms joined the suit, along with two New Mexico associations and prospective buyer Peter Hackett.
The new case focuses on what happens after a buyer passes a required background check. The plaintiffs want a declaration that the additional cooling-off delay violates the Second Amendment, along with an injunction protecting the people and businesses they represent.
Their filing alleges that the state considers the earlier relief limited to the two individual Ortega plaintiffs. That account of continued enforcement is a central allegation in the new case, not a new finding against the attorney general.
In August 2025, the Tenth Circuit reversed the denial of preliminary relief in Ortega and directed the district court to enter an injunction. The appellate majority distinguished delays tied to screening buyers from a fixed waiting period imposed on people who had already cleared a background check. It left the proper scope of the injunction for the district court to determine.
The new complaint says the district court subsequently entered judgment in August 2026 and that the state appealed. The present lawsuit seeks to extend practical protection beyond the earlier individual plaintiffs.
New Mexico enacted the waiting-period statute in 2024. Its final text sets a seven-calendar-day period that includes the time spent conducting the background check, with specified exceptions, including buyers holding valid New Mexico concealed handgun licenses.
Filing this new complaint does not itself lift the waiting period or grant the requested protection. The dispute now asks the court to decide what relief these additional plaintiffs can obtain.
Timeline
Legal and safety breakdown
Why the scope of relief matters
The Tenth Circuit's Ortega opinion separated its constitutional analysis from the question of who an injunction would protect. It directed the district court to determine the appropriate remedy with the parties' input. The new plaintiffs argue that the resulting protection has not reached their members and customers.
The enacted HB 129 text also distinguishes the waiting period from the background check: the check runs within the seven-day period rather than automatically adding seven more days afterward. The new complaint challenges the continued delay for buyers who pass the check; it is not a request to eliminate background checks.
Safety Tip: If you face an immediate threat, seek emergency assistance and plan for a safe location rather than relying on a pending firearm purchase. Secure firearms you already lawfully possess against unauthorized access.
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