The National Rifle Association, the Second Amendment Foundation, the National Shooting Sports Foundation, and six additional plaintiffs filed a new federal lawsuit on October 19, 2026 against New Mexico Attorney General Raúl Torrez, seeking to halt statewide enforcement of the state's seven-day firearm waiting period. AmmoLand News first reported the filing, captioned National Shooting Sports Foundation, Inc. v. Torrez, No. 1:26-cv-03514, in the U.S. District Court for the District of New Mexico.

The case builds directly on Ortega v. Grisham, where the Tenth Circuit Court of Appeals ruled in August 2025 that New Mexico's seven-day waiting period was likely unconstitutional under the Second Amendment framework established in New York State Rifle & Pistol Association v. Bruen. The district court subsequently granted summary judgment for the two named plaintiffs in Ortega, permanently enjoining the state from enforcing the waiting period against those individuals. New Mexico officials have since maintained that the injunction protects only those two plaintiffs and that the law remains fully in effect — and enforceable through criminal prosecution — against all other residents, dealers, and purchasers statewide.

That selective enforcement posture is what the new lawsuit directly challenges. The complaint argues that the state is actively enforcing a statute a federal appellate court has already found likely violates the Constitution and that dealers and buyers across New Mexico remain exposed to criminal liability for conduct the Tenth Circuit held is constitutionally protected. The NRA-ILA noted in its coverage that New Mexico officials have made explicit threats of criminal enforcement against retailers and buyers who choose not to comply with the waiting period pending final resolution of the constitutional question.

Filing jointly, the NRA, SAF, and NSSF represent both the retail-side and consumer-side parties most directly affected by ongoing enforcement. The NSSF's members include federally licensed firearms dealers throughout New Mexico, who face prosecution risk in both directions: enforcement of a law the Tenth Circuit has found suspect. The complaint seeks a class-wide injunction that would extend the same protection Ortega's two plaintiffs currently enjoy to all similarly situated New Mexicans and their dealers.

The Ortega ruling, which remains the controlling circuit precedent, applied Bruen's historical-tradition test to the waiting period requirement and concluded the state could not demonstrate a national tradition of such delays at the time of ratification. Whether the district court will act before the broader constitutional question is fully resolved — potentially through an appeal to the Supreme Court — is the next milestone to watch. A hearing date had not been scheduled as of the filing.