In the ever-evolving battlefield of Second Amendment jurisprudence, a fresh circuit split has ignited hope among gun rights advocates. The Tenth Circuit Court of Appeals just delivered a resounding victory by striking down New Mexico's seven-day waiting period on firearms, ruling it has no historical analogue under the Supreme Court's landmark New York State Rifle & Pistol Association v. Bruen framework. But not all circuits are on board— the First Circuit upheld Maine's 72-hour waiting period, claiming it doesn't burden the core right to keep and bear arms. This disagreement screams for Supreme Court intervention, and it's a prime opportunity to expand gun owners' freedoms nationwide.
The Tenth Circuit Delivers a Pro-2A Win: Ortega v. Grisham
In Ortega v. Grisham, the Tenth Circuit didn't mince words. New Mexico's seven-day waiting period for all firearm purchases—regardless of background checks or prior ownership—was deemed unconstitutional. Judge David Stras, writing for the panel, applied Bruen's history-and-tradition test with precision: "We conclude that the seven-day waiting period regulates conduct protected by the Second Amendment and that the State has not met its burden of showing that the regulation is consistent with this Nation’s historical tradition of firearm regulation."
Why does this matter? Waiting periods force law-abiding citizens to wait days for a tool of self-defense they've already legally purchased. Imagine a woman escaping domestic abuse, needing a firearm now—that delay could be deadly. The court recognized this, rejecting the state's flimsy "cooling off" rationale as ahistorical. No Founding-era evidence supports delaying a citizen's right to acquire arms post-purchase. Score one for the Constitution!
The First Circuit's Misstep: Beckwith v. Frey
Contrast that with the First Circuit's April 3, 2026, decision in Beckwith v. Frey, upholding Maine's 72-hour wait. The court twisted Bruen by claiming the regulation doesn't "burden the core Second Amendment right" because it only applies after passing a background check. They leaned on a vague "historical tradition of delay" from licensing schemes, but critics—and soon, hopefully, SCOTUS—see through this.
This ruling ignores Bruen's mandate: Modern gun laws must mirror historical regulations of similar burden on similarly situated arms. Short-term delays for public carry? Sure, maybe colonial regulations existed. But forcing a delay on private purchases for self-defense at home? That's a Second Amendment non-starter. Maine's law treats every buyer like a potential criminal, infringing on the presumptive right to bear arms.
Why Waiting Periods Fail the Bruen Test
Post-Bruen (2022) and United States v. Rahimi (2024), courts must ask: Is there a historical tradition of this regulation? Waiting periods? Zilch. Founders didn't make patriots cool their heels before arming against tyrants or threats. Anti-gun groups peddle suicide prevention myths, but data shows waiting periods don't reduce overall violence and disproportionately harm the law-abiding.
- No Historical Analogues: States can't cherry-pick 20th-century "cooling off" laws invented amid 1930s gangster panics.
- Burden on Self-Defense: Delays undermine the right to immediate protection, especially for repeat buyers or those in peril.
- Universal Background Checks Suffice: NICS already prevents prohibited persons; extra waits are feel-good theater.
This split mirrors post-Bruen chaos on assault weapons bans, standard-capacity magazines, and age restrictions. The Tenth Circuit got it right—now SCOTUS must step in.
What's Next? Eyes on the Supreme Court
With cert petitions likely incoming, gun owners should rally. Organizations like the NRA, FPC, and GOA are leading the charge. Contact your reps, support 2A litigation funds, and stay armed and informed. This circuit split isn't just legalese—it's the front line in preserving our God-given right against creeping confiscation.
The Second Amendment isn't a suggestion; it's the ultimate check on government overreach. The Tenth Circuit advanced liberty—let's hope SCOTUS finishes the job and buries waiting periods for good. Stay vigilant, patriots!
Follow GunStuff.tv for the latest 2A updates. What do you think—will SCOTUS take this up? Sound off in the comments!
References
- https://news.bloomberglaw.com/litigation/us-law-week-april-2026-circuit-split-review-gun-waiting-periods
- https://www.ca1.uscourts.gov/news/view/beckwith-v-frey-23-1543
- https://caselaw.findlaw.com/court/us-10th-circuit/ Ortega
- https://www.scotusblog.com/2026/05/circuit-split-on-gun-waiting-periods-invites-scotus-review/
- https://www.thetruthaboutguns.com/circuit-split-gun-waiting-periods-2a