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NRA and conservative legal group sue Democrat governor over 7-day waiting period to buy guns

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NRA and conservative legal group sue Democrat governor over 7-day waiting period to buy guns

FIRST ON FOX — A conservative legal group and gun rights activists have teamed up to challenge a newly enacted seven-day waiting period to buy a gun in New Mexico.

The Mountain States Legal Foundation (MSLF) has partnered with the National Rifle Association (NRA) in a lawsuit filed Wednesday that claims New Mexico is denying citizens their Second Amendment rights and their natural right to self-defense. The groups allege in court documents that the waiting period law passed by the Democratic-controlled legislature and signed by Democratic Gov. Michelle Lujan Grisham is unconstitutional. 

“This arbitrary law is just the latest attempt by Governor Grisham and her anti-gun comrades in the New Mexico legislature to limit the Second Amendment rights of their law-abiding constituents,” said Mike McCoy, director of the Center to Keep and Bear Arms at MSLF. 

The lawsuit filed in the U.S. District Court for the District of New Mexico names Grisham and New Mexico Attorney General Raúl Torrez (D) as defendants. 

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New Mexico Gov. Michelle Lujan Grisham speaks at the New Mexico State Capitol on Jan. 30, 2024, in Santa Fe, New Mexico. Grisham signed HB 129 into law in March, establishing a mandatory 7-day waiting period to purchase firearms. (Sam Wasson/Getty Images)

Grisham signed House Bill 129 into law in March, and it went into effect on Wednesday, enacting a mandatory seven-day waiting period for the purchase of firearms. During this time, sellers are required to conduct a federal instant background check of the buyer. Should the background check take longer than seven days, the seller must wait to transfer the firearm to the purchaser until the background check is completed.

Violators would be found guilty of a misdemeanor, according to the New Mexico Department of Public Safety.

READ THE LAWSUIT BELOW. APP USERS: CLICK HERE

“This legislation strikes at the heart of issues that are keeping New Mexicans up at night,” Grisham said in a statement after signing the bill. “We are losing far too many lives when guns get into the wrong hands and violent criminals are allowed to recommit again and again. This legislation addresses both.”

In court documents, plaintiffs Paul Samuel Ortega and Rebecca Scott, both residents of New Mexico, assert the Waiting Period Act “burdens the right to keep and bear arms.” Plaintiffs also claim the state government “could never meet its burden to establish a historical analogue to justify its regulation.” 

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Several AR-15 style rifles are displayed for sale at a gun store. Under New Mexico law, firearms dealers must wait seven days and conduct a federal background check before transferring over a purchased firearm to a buyer. (REUTERS/Bing Guan)

The lawsuit references the U.S. Supreme Court’s landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen, which established a new standard to determine whether a gun restriction is unconstitutional. To meet that standard, the government must show there is a “historical tradition of firearm regulation” that supports the sort of law in question. 

Since Bruen, a multitude of federal and state gun control measures have been challenged in courts with mixed results. 

“The Second Amendment protects a private right of individuals to keep and bear arms for the purpose of self-defense; but this ridiculous waiting period law delays the ability of law-abiding citizens to exercise this God-given right,” McCoy told Fox News Digital. 

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Guns are displayed in a store during the Rod of Iron Freedom Festival on Oct. 9, 2022 in Greeley, Pennsylvania. The Mountain States Legal Foundation and the National Rifle Association have partnered to challenge the New Mexico waiting period law on constitutional grounds. (Spencer Platt/Getty Images)

“Forcing domestic violence victims in need of a firearm to protect themselves to wait seven days to acquire one is wrong, and let’s hope their abusers ‘wait a week’ too before they attack again,” he added. 

“The NRA is proud to team up with the Mountain States Legal Foundation to challenge New Mexico’s waiting period law,” said Randy Kozuch, Executive Director of the NRA Institute for Legislative Action. “This new law is a clear violation of the Second Amendment rights of law-abiding New Mexicans, and the NRA is committed to seeing that this unconstitutional law be wiped from the state statutes.”

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The MSLF stated that plaintiffs “seek nothing short of a complete invalidation of the law by the federal courts, and a return to constitutional sensibility.” 

The offices of the governor and the attorney general did not immediately respond to requests for comment.

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Los Angeles, Ca

Man found guilty of sex trafficking victim along L.A.’s Figueroa Corridor

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Man found guilty of sex trafficking victim along L.A.’s Figueroa Corridor

A former Riverside County man was found guilty of sex trafficking a female victim and forcing her to engage in commercial sex acts along L.A.’s notorious Figueroa Corridor.

Elias Abdul Shabazz, 34, formerly of Perris, was found guilty by a jury following a five-day trial, the U.S. Attorney’s Office said.

Prosecutors said Shabazz had led the victim to believe they were in a romantic relationship before he turned physically and sexually violent. He began demanding that the victim engage in commercial sex acts from May to October of 2021, court documents said.

He carried a handgun with him and, on occasion, was accused of using it to pistol-whip the victim. He also fired the gun at her feet while threatening to kill her, prosecutors said.

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At trial, the victim said Shabazz demanded that she meet a daily quota of commercial sex proceeds and that she was terrified of the consequences of not meeting that quota. 

She testified that Shabazz compelled her to work in the notorious Figueroa Corridor in South L.A., a dangerous area known for human trafficking and prostitution.

Shabazz had confiscated her identification card, Social Security card and birth certificate. He constantly monitored her cell phone to stop her from communicating with any friends or family.

“He also introduced her to addictive narcotics and controlled every aspect of her life, including when she ate, slept and showered,” prosecutors said.

In May 2025, Shabazz was arrested and has remained in federal custody. His last known address at the time was in Washington, D.C.

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On June 26, 2026, Shabazz was found guilty of one count of coercing or enticing interstate transportation for purposes of prostitution.

A sentencing hearing is scheduled for Oct. 6, where he faces 15 years to life in prison.

“Sex trafficking matters rank among the most tragic cases our office prosecutes,” said First Assistant U.S. Attorney Bill Essayli. “This defendant will now face many years in a federal prison cell for his sick, disgusting, and disturbing behavior.”

“Elias Shabazz preyed on a vulnerable victim using physical and sexual violence and cruel psychological coercion to compel commercial sex acts for his own profit,” said Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division. “There is no place for this type of conduct in civilized society. We deeply respect the victim’s courage to face her trafficker in court. The Criminal Division will continue to bring these cases and try them.”

Anyone with information about human trafficking can report tips to the National Human Trafficking Hotline at 888-373-7888

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Los Angeles, Ca

Watch Project Angel Food's 'Lead with Love' telethon on KTLA

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Watch Project Angel Food's 'Lead with Love' telethon on KTLA

The star-studded feel-good giveback event of the summer has returned. KTLA 5 is teaming up once again with Project Angel Food for the annual “Lead with Love: Going the Distance” telethon to raise critical funds for medically tailored meals delivered to people living with serious illnesses throughout Los Angeles County. The seventh annual telethon airs […]

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Los Angeles, Ca

Woman ambushed, violently attacked by robber in downtown Long Beach

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Woman ambushed, violently attacked by robber in downtown Long Beach

A woman was hospitalized with serious injuries after she was violently attacked by a robber in downtown Long Beach. On June 18, Jennifer Silva, 34, was attending a World Cup watch party at a Hooters restaurant at 90 Aquarium Way. After the game ended, she left the restaurant just before 11 p.m. As she walked […]

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