Appeals court won’t rehear decision that ruled waiting period for guns in New Mexico is unconstitutional
—Colleen Heild, Albuquerque Journal
New Mexico's seven-day waiting period for most gun purchases is dead for now, after the 10th Circuit Court of Appeals opted against a rehearing of the case by the full court.
Lawyers for the state had asked for the "en banc" review after a three-judge panel of the Denver-based federal appeals court found the 2024 law unconstitutional in August.
While the state decides what to do next, the dissent in the Dec. 22 ruling warned the appeals decision that stands creates a conflict with a prior appeals decision.
And, wrote Appeals Court Judge Richard E.N. Federico, "it discards the exceptionally important public safety issues that surround New Mexico's firearms regulation."
The New Mexico Legislature enacted the Waiting Period Act, which required a "cooling off" period for firearm purchases amid "high state-wide rates of gun violence," Federico wrote .
The bill, signed by Gov. Michelle Lujan Grisham, generally required firearms sellers to wait seven calendar days before transferring a firearm to a buyer.
"We’re disappointed in the court’s ruling because we believe the seven-day waiting period is entirely constitutional, and we're still weighing our options," said Michael Coleman, director of communications for the Governor's Office, in an email Wednesday.
Appeals Judge Federico wrote in his dissent that the New Mexico law seeks to reduce impulsive gun violence and suicides, and also aims to close a perceived loophole in federal law that sometimes permits a purchaser to acquire a gun without completing a background check if the process takes more than three days.
But the three-judge panel decision finding the law unconstitutional "prevents New Mexico from vindicating those purposes by its chosen aims," the judge wrote.
Even though the full court might agree with the three-judge panel, "New Mexico's stated, uncontradicted, and indisputable interest in the public safety and health of its citizens warrants a closer look before we extinguish it," wrote Federico, who is from Kansas.
This appears to be the first time the 10th Circuit court has ever struck down a firearms statute for violating the Second Amendment, he wrote.
"Even setting aside the immediate public safety consequences in New Mexico. (The Ortega ruling in August) will have widespread ramifications for courts in this circuit that must wrestle with Second Amendment challenges," Federico stated, in a dissent that included Judge Nancy Moritz, also of Kansas.
A panel of the 10th Circuit in 2024 upheld a Colorado statute that set the minimum age for the sale and purchase of firearms within the state at 21 years old. Now, the New Mexico ruling endangers the outcome in the Colorado case, which had no notice or opportunity to participate in the "cooling off" case. And it makes it difficult to predict how other district courts and the 10th Circuit will rule on similar questions of law, Federico wrote.
The territorial jurisdiction of the 10th Circuit includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho.
Coleman, representing Lujan-Grisham's office, told the Journal, "New Mexico's law was narrowly tailored and included exceptions for the transfer of firearms among immediate family members and for those with concealed carry permits. The court's decision raises more questions than it answers, including if waiting periods are constitutional at all. Certainly, the future of any waiting period to buy a firearm is now in question."
The day after the New Mexico "cooling off" period took effect in 2024, two residents filed an appeal in U.S. District Court in Albuquerque challenging its constitutionality. At the time, U.S. District Judge James Browning ruled in favor of the state, finding no constitutional barriers to the waiting period.
The plaintiffs, who included Samuel Ortega, were represented by attorneys including those who work for the National Rifle Association. Efforts to reach them for comment on Wednesday weren't successful. In appealing Browning's ruling, the attorneys stated there was a critical distinction between the New Mexico and Colorado laws.
In the Colorado case, the appeals court agreed that the state may ban the sale of firearms to 18-to-20-year-olds, "on the theory that young adults are especially susceptible to impulsivity." But New Mexico's law was deemed unconstitutional in that it was an "'across-the-board' waiting period that applied to all members of the general public, even if they pass a background check instantly," wrote the attorney for Ortega and others.
Appeals Judge Federico also cautioned that the decision against a rehearing "relies too heavily" on the possibility that the U.S. Supreme Court will grant a review in a pending petition for certiorari involving whether Florida's law banning 18-to-20-year-olds violates the Second Amendment.
He added that the Supreme Court might defer the issue "for percolation in the lower courts."
Given the decision not to hold a rehearing in New Mexico, if the Supreme Court doesn't take up the Florida case, "our jurisprudence will be left in a state of unremedied confusion, with little to no path for correction, at least not in the near term."
Federico said even though there was an internal process by which the Dec. 22 ruling denying a rehearing was circulated to appeals judges, it "does not substitute for en banc review in a case of such magnitude and complexity."
Bosque Brewing announces closure of all its taprooms
—Olivier Uttyebrouck, Albuquerque Journa
Bosque Brewing announced last call Friday at all its New Mexico taprooms following a decision by a federal judge this week to toss the company's Chapter 11 bankruptcy case.
The first to close is Bosque's Nob Hill Public House taproom, which was slated for closure at 5 p.m. Friday, the company announced Friday in a social media post.
The remaining five taprooms were scheduled to close at 5 p.m. Sunday. They include two each in Albuquerque and Las Cruces and one in Bernalillo.
"With heavy hearts, we are closing all Bosque branded Public Houses," the company announced Friday afternoon on Instagram.
"Bosque has been built on community, and we are forever grateful to everyone who supported our taprooms, shared a pint with us, and made our spaces feel like home," according to the statement. "We're really going to miss seeing your faces in our taprooms. That part hurts."
Restoration Pizza and Smothered Brunch are owned independently and will continue normal operations, the statement said. Bosque beer will continue to be brewed by Marble Brewery.
"Our focus right now is on ensuring as smooth a transition as possible for our staff impacted by the closures," it said.
Bosque's marketing manager, Natasha Souther, acknowledged Friday that the closures were the result of a decision this week by a federal judge to dismiss Bosque Brewing's Chapter 11 bankruptcy case.
Souther said she did not have an immediate answer on how many employees would be affected by the closures.
U.S. Bankruptcy Judge Robert Jacobvitz of the District of New Mexico threw out the case on Monday after a U.S. trustee recommended that dismissal would be "in the best interest of creditors," the order said.
Bosque Brewing "does not anticipate its operations will generate positive cash flow to pay creditors" in the first quarter of 2026, Ilene Lashinsky, the U.S. Trustee in the case, wrote in a Dec. 4 motion.
Lashinsky recommended that the judge either dismiss the case or convert it to a Chapter 7 liquidation bankruptcy, the motion said. The motion noted that Bosque's property is fully obligated to North Carolina-based Live Oak Bank.
Lashinsky also wrote that Bosque Brewing has failed to provide the trustee with any explanation for its failure to maintain adequate insurance coverage as required by federal law and an earlier court order.
Because of those factors, the trustee recommended the judge dismiss the case rather than convert it to Chapter 7 liquidation bankruptcy.
Bosque Brewing Co. filed its voluntary petition for Chapter 11 bankruptcy on Oct. 6 seeking protection from creditors while the company reorganized its finances.
The filing showed the Albuquerque-based brewer had accrued $10 million to $50 million in liabilities, compared with less than $10 million in assets and roughly 190 unsecured creditors.
Filings continued in November when Bosque co-owners Gabriel Jensen and Jotham Michnovicz each filed for Chapter 7 bankruptcy, which involves selling assets to repay creditors.
The bankruptcies halted a court case in which a New Mexico limited liability company filed a complaint against Bosque Brewing Co. for failing to pay more than $67,000 in rent for property in Santa Fe as of Oct. 1, court records show.
Bosque Brewing Co. announced earlier this month the closures of two Albuquerque taprooms at San Mateo Public House, 6220 San Mateo NE, and Bosque West at 2220 Unser NW, which both opened last year.
On Dec. 9, the brewer announced the closure of its two Santa Fe businesses, The Drinkery and Restoration Pizza, effective immediately.
The closures come as the craft beer industry faces contraction nationwide, with barrel production and sales dropping roughly 4% from 2023 to 2024, according to the Brewers Association. The number of breweries closing also outpaced those opening across the U.S. last year, according to a recent report from the association.
New Mexico AG joins federal suit over defunded consumer protection bureau — Source New Mexico
New Mexico Attorney General Raúl Torrez announced this week the state had joined a coalition of nearly two dozen state attorneys general in a lawsuit against the Trump administration over defunding of the Consumer Financial Protection Bureau.
CFPB, the suit argues, has helped the AGs since its inception in the aftermath of the 2008 financial crisis, “in their zealous advocacy for and protection of consumers in their respective jurisdictions” and has returned $21 billion “improperly taken from over 205 million Americans,” a news release states.
However, CFPB Acting Director Russel Vought, director of the U.S. Office of Management and Budget, is “attempting to completely defund the agency by refusing to request any funding from the Federal Reserve,” the news release continues, “which will virtually guarantee the agency runs out of money in January 2026.”
The AGs argue that defunding the CFPB will have “devastating impacts” on consumers and on states’ consumer protection capabilities, given their reliance CFPB data, as well as the consumer complaints received by the agency.
“The Consumer Financial Protection Bureau is one of the most effective tools we have to hold powerful financial institutions accountable and to put money back in the pockets of working families,” Torrez said in a statement. “Attempting to defund CFPB is not just reckless—it is unlawful, and it would leave millions of consumers without a critical line of defense against fraud, abuse, and predatory practices. New Mexico families deserve a federal government that enforces the law and protects consumers, not one that undermines the very agencies created to do that work.”
The AGs’ lawsuit argue not seeking funding for CFPB is both “unlawful and unconstitutional,” because the agency will be unable to provide its legally obligated information to states without funding. Moreover, not funding the CFPB, they say, violates the separation of powers principle, given that Congress created the agency.
The AG coalition seeks a court order requiring CFPB to request funding through the Federal Reserve, as established.
The other states in the suit include: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.
New Mexico will kick off 2026 with polar plunges and more — Leah Romero, Source New Mexico
If you’re near Eagle Nest on Jan. 1, head over to the lake and join a gathering of people cheering on those about to take a frosty New Year’s Day plunge, or hop in yourself.
Eagle Nest Lake State Park’s Polar Bear Plunge is a free annual event sponsored by the volunteers at Friends of Eagle Nest Lake and Cimarron Canyon State Parks that invites people to brave the freezing temperatures and jump into the lake. The event is part of America’s State Parks First Day Hikes, an event that encourages people to kick off the new year by spending time outdoors enjoying the various landscapes.
According to the New Mexico Energy, Minerals and Natural Resources Department, all 35 New Mexico state parks participate in the First Day Hikes with various activities. For example, Storrie Lake State Park in Las Vegas also hosts a Polar Bear Plunge and the Rio Grande Nature Center State Park offers a New Year’s Day Nature Walk.
Gail Tate has plunged into Eagle Nest Lake two years in a row and was preparing to take her third plunge in just a few days. However, she told Source New Mexico that because the season has been warmer than usual, there’s no ice in the water. Still, she’s looking forward to taking part in the tradition, calling it a “polar run” this year.
“I had always wanted to do [a plunge]. It was on my bucket list,” Tate said. “But I had envisioned jumping into a swimming pool…. I thought one of those days I would do it, and then finding out that Eagle Nest does it every year, I thought, ‘I’m going to do that, I’m going to take the plunge, no pun intended.’”
Participants register the day of and must wear shoes as they prepare to hop in two-at-a-time into the popular fishing lake. Tate said the water comes up to about her shoulders. Plungers are quickly directed to a nearby ladder by safety personnel so they can climb out and step into towels and robes to warm back up. Participants can also bring a partner or make a friend while they’re there to hold their belongings while they’re in the water.
As a seasoned plunger and now a member of the Friends board, Tate encourages everyone she comes across to try it out for themselves and join in the “jovial” mood.
“It’s just the courage and the willingness to go out there and do it,” she said. “[The first time] was such a spiritual experience. I came out and I stood around and watched all the other plungers and cheered them on. I was totally warm because again, I got my robe on, I put my towel around my neck. It was so exhilarating. I can’t describe it, I mean, it’s just beyond.”
People of all ages take the plunge year-to-year, with some traveling to the scenic village from around the state. Tate said about 50 people participate each year, but there are many more locals and visitors who join to cheer on the plungers and enjoy hot cocoa and treats by the park’s wood-burning fireplace.
“These events bring people together and remind us why our state parks matter,” New Mexico State Parks Director Toby Velásquez said in a statement. “New Mexico’s landscapes inspire resilience and adventure, and there’s no better way to begin the year than by experiencing them firsthand.”
People can also join in a Polar Stomp hike near Eagle Nest Lake State Park earlier in the day, before taking a plunge. Other events can be found on the EMNRD event calendar.
“These traditions remind us that our parks are more than destinations,” Velásquez said. “They’re part of who we are as New Mexicans, nuestra gente, nuestras familias, y nuestra historia. We invite everyone to join us, take care of these places and make new memories for the new year ahead.
Regular entree and parking fees still apply for New Year’s Day events.
AG files lawsuit against Texas oil, gas well operators — Oliver Uyttebrouk, Albuquerque Journal
Three Texas men used shell companies to pocket revenues from hundreds of New Mexico oil and gas wells while leaving the state with cleanup costs for abandoned properties, Attorney General Raúl Torrez alleges in a new lawsuit.
The suit describes a complex asset-stripping scheme in which profitable wells were placed in certain companies while non-productive wells remained in other companies that filed for bankruptcy.
The lawsuit was filed Tuesday in 1st Judicial District Court in Santa Fe on behalf of New Mexico and the state Energy, Minerals & Natural Resources Department.
The suit names as defendants Everett Willard Gray, Marquis Fred Gilmore and Robert Stitzel, all of Midland, Texas, and 15 "shell companies" they operated.
Messages left by the Journal this week at companies owned by the three men were not immediately returned.
The 72-page lawsuit asks a judge to require the owners and the companies to plug and remediate inactive wells, set aside money for future remediation and compensate New Mexico for costs already spent to clean up abandoned wells.
"Now, unless this civil action is successful, most remaining wells on private and State land will need to be plugged and remediated at the State's expense," the suit said.
“New Mexicans are suffering from adverse health risks and bear the brunt of environmental harms caused by these companies failing to uphold their agreed-upon duty to responsibly plug oil and gas wells when they are no longer in production,” Torrez said in a statement.
The scheme began when the three men acquired hundreds of low- and non-producing oil and gas wells in New Mexico through Remnant Oil Operating LLC and Remnant Oil Company LLC, the suit alleges.
The men "drove Remnant into bankruptcy," then attempted to keep Remnant's best wells, the suit alleges. The three attempted to "dump the worst and their environmental liabilities on the State," it said.
After the plan failed, Stitzel and Gilmore created Acacia Operating LLC and Gray created Solis Partners to receive the best of Remnant's wells, the suit alleges.
The scheme unraveled in December 2024 when New Mexico sued Acacia Operating LLC, demanding the company plug and remediate six wells on state land, according to the suit.
"Right on schedule and according to plan, Acacia filed for bankruptcy soon afterwards and is currently in the process of liquidation," the suit states. The men "are once again seeking to walk away from the plugging and remediation costs for which Acacia is now liable," it said.
Albuquerque hits record 64 degrees on Christmas —Matthew Narvaiz, Albuquerque Journal
Sam Isom and his young son spent Thursday afternoon at North Domingo Baca’s dog park, watching their three pups play with about a dozen others on an “extremely warm” day.
Coats at home, Isom and his son were enjoying a rare Albuquerque Christmas — one that would go down in the record books.
“This year’s been a strange year,” Isom said.
Albuquerque on Thursday reached a record-high 64 degrees, beating out the 63-degree mark set in 1955, the National Weather Service of Albuquerque said.
Across the state, warm temperatures have overtaken the cold — and sometimes snowy — weather associated with the Yuletide.
Roswell hit 80 degrees on Christmas, eclipsing the previous high of 74 degrees in 2008, while Albuquerque saw a record-warm Christmas morning of 47 degrees, eight degrees above the 1959 mark.
Five other towns, including Farmington at 61 degrees, also set new record-high temperatures for Christmas Day, according to NWS Albuquerque.
The warm Christmas, NWS Albuquerque Meteorologist Nico Porcelli said, is the result of winter systems “tracking much farther north,” creating “these ridges of high pressure over the Southwest.”
“And that’s keeping temperatures warm and conditions dry,” he said. “It is pretty anomalous to see temperatures this… high up, like 20 degrees, 25 degrees above average for this time of year. It’s definitely not common.”
Either way, about 2,000 skiers on Thursday flocked to Ski Santa Fe, General Manager Ben Abruzzo said.
The resort hasn’t seen much snowfall since its opening in late November, but thanks to man-made snow, it had an 18-inch base on Thursday — and about 27 of its 90 trails, including the main Gayway, were open.
“The warmth is a little uncommon,” Abruzzo said, but “it's not all that uncommon for us not to have a whole lot of snow in November, in December. I would say one out of every four years is probably like this.”
But the high temperatures are about to dip.
On Sunday, New Mexico’s northern mountains, including the Sangre de Cristos, where Ski Santa Fe is located, could see about an inch or less of snowfall, Porcelli said.
That snowfall also coincides with cooler temperatures that could blanket much of New Mexico starting this weekend, the result of an eastward-moving storm system in California, Porcelli said.
Albuquerque overnight Sunday could see lows in the low 20s, Porcelli said, with a high in the mid-40s on Monday.