Elephant Butte, N.M. — State Senator Crystal Diamond Brantley (R-Elephant Butte) has sent a formal letter to Attorney General Raúl Torrez requesting guidance on the enforcement of New Mexico's seven-day firearm waiting period law following federal court action that has placed the statute on hold. A copy of the full letter is attached.
Brantley's request follows recent decisions by the U.S. Court of Appeals for the Tenth Circuit blocking enforcement of the waiting period while litigation continues. Despite the ruling, firearm retailers across New Mexico are operating under mixed standards, with some continuing to impose the seven-day delay and others proceeding without it.
"When this bill passed, I warned that it was on a collision course with the Constitution," Brantley said. "That concern has now been vindicated by the courts, yet depending on where you walk in to buy a firearm in New Mexico, you may still be subjected to a law that a federal court has said cannot be enforced."
Brantley said the uneven application of the blocked law is unfair to both small businesses and law-abiding gun owners.
"This is exactly the chaos many of us predicted," she said. "Gun store owners are being forced to make legal judgments the State should have resolved already, and law-abiding New Mexicans are being treated differently from one community to the next under an unconstitutional standard."
In her letter, Brantley asks the Attorney General to clarify whether the State is currently barred from enforcing the waiting period, what guidance should apply to federally licensed firearms dealers while the case remains pending, and whether statewide communication is needed to ensure consistency.
"I'm not asking the Attorney General to take sides in the policy debate," Brantley said. "I'm asking for clarity. If a law is blocked by the courts, the State has an obligation to say so clearly and ensure it is not being applied by default in some parts of New Mexico and ignored in others."
The full letter to the Attorney General is attached.
