HB129 establishes a mandatory seven-day waiting period for all firearm purchases. This "cooling-off" period aims to reduce impulsive acts of violence and suicide by providing individuals time to reconsider decisions to acquire firearms. The waiting period includes the time required for federal background checks; however, if the background check is not completed within seven days, the seller must wait until it is finalized before transferring the firearm.
The New Mexico State House of Representatives passed HB129 on February 2, 2024 by a vote of 37 to 33. We have assigned pluses to the nays because imposing waiting periods and background checks as a general requirement for firearm purchases significantly infringes on our constitutionally protected rights, particularly the Second and Fourth Amendments of the U.S. Constitution. The Second Amendment states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Waiting periods and background checks directly violate that right.
