The New Mexico seven-day waiting period

Since May 15, 2024, New Mexico has required a waiting period of seven calendar days on most firearm sales. The law has been in federal court ever since, and the headlines have been confusing. This guide explains what the statute says, who is exempt, where the court case stands as of September 2026 and what it means when you order a firearm online and pick it up at a dealer. It is general information, not legal advice.

What the law says

House Bill 129, signed on March 4, 2024, created Section 30-7-7.3 NMSA, titled unlawful sale of a firearm before required waiting period ends. Its key points:

A waiting period of seven calendar days is required for the sale of a firearm and its transfer to the buyer.
The seven days include the time needed for the federal instant background check.
If seven days pass and the background check is still not complete, the seller may not transfer the firearm until it is. If the check has not been completed within twenty days, the seller may transfer the firearm.
The firearm must stay in the custody of the seller or of the dealer running the check for the whole waiting period.
Each party to an early transfer is guilty of a misdemeanor, and each firearm counts as a separate offense.

The law covers handguns, rifles, shotguns and frames or receivers. Antique firearms are excluded. Handling a gun at the counter, or renting one at a range, is not a transfer.

Who is exempt

The waiting period does not apply to a sale:

to a buyer who holds a valid federal firearms license;
to a buyer who holds a valid New Mexico concealed handgun license;
to a law enforcement agency;
between two certified law enforcement officers authorized to carry a firearm;
between immediate family members, defined as a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle.

For most everyday buyers the concealed handgun license is the practical exemption. Permits from other states do not count. See the concealed carry guide for how to get one.

The court challenge

Gun owners challenged the law in federal court in Ortega v. Grisham. The district court first refused to block it. In August 2025 a panel of the Tenth Circuit Court of Appeals reversed that ruling, finding the law likely violates the Second Amendment, and the full court later declined to rehear the case. On August 27, 2026, the district court entered a final order. According to the New Mexico Department of Public Safety, that order blocks enforcement of the waiting period against the two named plaintiffs only. For everyone else, the waiting period remains in effect, and New Mexico dealers continue to apply it.

That can change. Further appeals, a new lawsuit, or action by the Legislature could narrow or end the law. Check with your dealer or the Department of Public Safety for the current status before you buy, and do not rely on news headlines alone.

How it works when you buy online

When you order a firearm from our catalog, it ships to the licensed dealer you pick at checkout. The seven days apply to the transfer from that dealer to you. In practice:

The dealer logs the gun into its books when it arrives.
You visit, show photo ID, complete Form 4473 and the dealer runs the NICS check. Many dealers treat that visit as the start of the seven days; ask yours how it counts.
The gun stays at the dealer. You return on or after the eighth day, as long as the check has cleared, and take it home.
If you hold a New Mexico concealed handgun license, bring it. Once the check clears you can leave with the gun that day.

Plan on two trips to the dealer unless you are exempt. If you are buying for a hunt, order early enough that the wait does not collide with opening day; our elk and deer rifle guide has the season outline.

Delayed background checks

Most NICS checks come back in minutes. If yours is delayed, the seven days keep running, but the dealer cannot release the gun until the check is done or twenty days have passed. Federal law has its own rules on delayed transfers, and many dealers set a stricter policy of waiting for a final answer. A delayed check is not a denial, and it usually clears within a few days.

Private sales

Since 2019 New Mexico has required a background check on private sales through a licensed dealer. The waiting period applies to those sales too, with the same exemptions, so a private buyer should expect the dealer to hold the gun for seven days. Sales between immediate family members need neither the check nor the wait.

What does not have a waiting period

Ammunition, magazines, optics, holsters, cleaning gear and most parts are not firearms, so they have no waiting period and can ship straight to your door. Only the frame or receiver of a gun counts as a firearm; barrels, slides, stocks and triggers do not.

Common questions

Does the wait apply to each gun?

Yes. Each firearm is a separate sale, but buying two guns at once starts both clocks at the same time.

Can I pay and leave the gun at the store?

Yes. Paying is fine; the dealer simply keeps the gun until the waiting period ends.

Does it apply in Albuquerque differently?

No. It is a state law, and cities and counties cannot add their own purchase rules. See the Albuquerque gun buying guide for local details and the New Mexico gun laws overview for everything else.

Find a local page for your town in our New Mexico gun shop directory, including Los Lunas and Moriarty.

General information, not legal advice. Current as of September 2026. Laws change; check the official source before you act.