New Mexico Files En Banc Petition in Waiting Period Case; Mandate Stayed

As you know, a few weeks ago the U.S. Court of Appeals for the Tenth Circuit ruled in an NSSF^®-supported challenge that New Mexico’s seven-day waiting period for firearm purchases likely infringes on the Second Amendment by preventing the lawful acquisition of firearms. NSSF sent an alert reminding our members that the decision did not take immediate effect, warning that issuance of the mandate could be delayed if the state sought en banc (i.e., full court) rehearing of the decision. Yesterday, the state did just that—i.e., filed a petition asking that the full court reconsider the case. As a result, the mandate is stayed until the Tenth Circuit rules on the motion. If the full court rehears the case, the three-judge panel ruling would be vacated, and a new decision would be issued. NSSF will update its members on significant status changes for this case, including issuance of the mandate.

**This alert does not constitute legal advice. NSSF encourages FFLs seeking additional guidance to speak with their own attorney.**