New Mexico will be joining 10 other states that have a waiting period or a “cool down” period for gun purchases. California, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, Rhode Island, New Jersey, and the District of Columbia have waiting periods for purchasing firearms.
Do gun purchase waiting periods reduce violence?
Are waiting periods constitutional?
According to the Brennen Center, the Supreme Court seems to think so. Waiting periods vary, but the 3-day period proposed in Florida is quite standard. Recently, in Silvester v. Harris, the Ninth Circuit Court of Appeals upheld California’s 10-day waiting period, and in February the Supreme Court opted not to disrupt that ruling. Under the Silvester analysis, the shorter 3-day period proposed in Florida is constitutional. Justice Clarence Thomas dissented from the Supreme Court’s decision not to hear Silvester, arguing that the lower court’s reasoning was flawed. No other justices signed on to his opinion.
Thus, on a request from the governor of New Mexico, in an effort to reduce crime and violence, she requested that the legislative branch enact a waiting period for gun purchases in the state of New Mexico.