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Politics: Nra Takes Mlg To Court Over New Mexico’s 7 Day

POLITICS: NRA takes MLG to court over New Mexico’s 7-day waiting period law

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The post NRA takes MLG to court over New Mexico’s 7-day waiting period law first appeared on USSA News | The Tea Party’s Front Page.. Visit USSANews.com.

The National Rifle Association (NRA) has filed a lawsuit in federal district court in New Mexico, challenging the state’s new waiting period law for firearm purchases. The lawsuit, Ortega v. Grisham, was filed in collaboration with the Mountain States Legal Foundation.

New Mexico’s “Unlawful Sale of a Firearm Before Required Waiting Period Ends Act” mandates a seven-day waiting period before a firearm purchaser can take possession of the weapon, even if they pass a background check immediately. While the law exempts concealed carry permit holders, it does not provide exceptions for urgent situations, such as imminent threats to the buyer’s safety.

“The NRA fights every day in Washington, DC, state capitals, and when necessary, the legal arena, to protect the constitutional freedoms of law-abiding Americans and NRA members,” said Randy Kozuch, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “The State of New Mexico’s waiting period law is a clear violation of its citizens’ Second Amendment rights – needlessly delaying their ability to acquire a firearm for self-defense or sporting purposes. With this legal challenge, NRA is committed to seeing that this unconstitutional law be wiped from the state statutes.”

The NRA is suing New Mexico Governor Michelle Lujan Grisham and Attorney General Raúl Torrez, arguing that the waiting period infringes upon both the Second Amendment and the Fourteenth Amendment, which applies the Second Amendment to the states. The NRA has also requested a temporary restraining order and preliminary injunction to prevent the enforcement of the law during litigation.

The lawsuit, filed by plaintiffs Samuel Ortega and Rebecca Scott, details how the waiting period law has impacted their attempts to purchase firearms. Ortega and Scott both passed federal background checks but were unable to take possession of their purchased firearms due to the waiting period requirement. They argue that the law unnecessarily burdens their Second Amendment rights.

According to the lawsuit, “The right to keep and bear arms recognized in the Second Amendment is made applicable to the states by the Fourteenth Amendment. The Waiting Period Act burdens the right of residents of the State of New Mexico, including Plaintiffs, in exercising their right to keep and bear arms, a right which is explicitly protected by the Second Amendment.”

The lawsuit further contends that there is no historical precedent for such a waiting period, stating, “It is impossible for the State to meet this burden because there is no historical tradition of firearms being regulated in this manner either at the time of our founding and the ratification of the Second Amendment, or during the Reconstruction era and the ratification of the Fourteenth Amendment.”

The NRA and the plaintiffs seek a declaratory judgment that the waiting period law is unconstitutional, a temporary restraining order and preliminary injunction to halt its enforcement, and other relief as deemed appropriate by the court.

The post NRA takes MLG to court over New Mexico’s 7-day waiting period law appeared first on Piñon Post.

Click this link for the original source of this article.
Author: Renato Costa


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The post NRA takes MLG to court over New Mexico’s 7-day waiting period law first appeared on USSA News | The Tea Party’s Front Page.. Visit USSANews.com.



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