Important Judicial Decisions Regarding Self-Defense Law
The following legal decisions concern the law of self-defense. Some of the rulings are final and others are not. They’re presented here, along with salient excerpts, to be read for their excellent judicial logic about the absolute civil right of armed self-defense as established by the framers of the US Constitution.
[ Read the SemperVerus article, USA State Constitutions Providing for Armed Self-Defense ]
- US Court of Appeals for the Tenth Circuit ruling: Samuel Ortega v. Michelle Lujan Grisham (August 19, 2025) by US Circuit Judge Timothy Tymkovich (pdf).
- This ruling says New Mexico’s 7-day waiting period law for most gun sales “is likely an unconstitutional burden on the Second Amendment rights of its citizens.”
“Cooling-off periods infringe on the Second Amendment by preventing the lawful acquisition of firearms. Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment’s scope.”
“Common sense dictates that the right to bear arms requires a right to acquire arms, just as the right to free press necessarily includes the right to acquire a printing press, or the right to freely practice religion necessarily rests on a right to acquire a sacred text. Legal interpretation follows that common sense.”
“As paper or a computer is a necessary predicate to the right to print, or the ability to own property is a necessary predicate of the right to just compensation for a taking—acquiring, purchasing, and possessing firearms is a necessary predicate to keeping and bearing them.”
“The burden imposed by a cooling-off period is brought into sharper focus when considered in the context of other constitutional rights. A carte blanche one-week cooling-off period to publish news stories? Unconstitutional….Temporary closures of churches during COVID-19? Unconstitutional….The Second Amendment is no different.”
“In short, regardless of paternalistic intent, waiting periods burden the right to keep and bear arms.” *