Going Ballistic

• Ortega v. Grisham (24-0471): U.S. District Court Strikes Down New Mexico’s 7-Day Firearm Waiting Period

  A federal court last week granted final judgment holding New Mexico’s week-long mandatory firearm waiting period law unconstitutional.

  On August 31, 2026, U.S. District Judge James Browning issued final judgment in Ortega v. Grisham, declaring New Mexico’s 7-day mandatory waiting period on firearm purchases unconstitutional under the Second Amendment. The ruling follows an August 2025 Tenth Circuit decision that found the post-background-check delay an impermissible burden on the right to keep and bear arms; the state’s appeal was denied. The law, enacted in 2024 by the Democrat-controlled legislature at the request of Gov. Michelle Lujan Grisham (D), was challenged by the NRA, Mountain States Legal Foundation, and National Shooting Sports Foundation.

  • The Gist: The decision applies statewide to all firearm purchases in New Mexico, eliminating the 7-day waiting period that had been required after a background check cleared.
  • Impact: The ruling reinforces post-Bruen Second Amendment scrutiny by invalidating a state law that delayed exercise of a constitutional right for law-abiding citizens, setting precedent within the Tenth Circuit against similar cooling-off periods.
  • Bottom Line: New Mexico’s 7-day firearm waiting period is no longer in effect; the court held that “a right delayed is a right denied.”

• “Major Incident” at ATF: Did Russian Hackers Just Get The Registry? – Legally Armed America

  YouTubeVideo | “Major Incident” at ATF

  A Russian-linked ransomware group called Qilin just listed the ATF on its dark-web leak site, prompting the Justice Department to formally designate the incident as a statutory “major incident” and notify Congress. In this video, Paul breaks down what actually occurred, analyzes the official statements, and shares the on-the-record response from ATF Director Robert Cekada—who directly clarified that core firearm owner systems like eForms and the NFRTR registry were completely untouched, naming the breached system as the standalone CALEA wiretap environment. What We Cover: The Incident & The Claim: How Qilin listed the ATF on their leak site and what double-extortion ransomware gangs actually do. The Legal Label: Why a “major incident” OMB tag forces congressional notification within 7 days. Director Cekada’s Direct Response: The exact messages naming the isolated CALEA communications-intercept box. Separating Fact from Panic: Why your eForms, Form 4473s, and NFRTR registry records were not breached—and what data was actually on that machine. The Accountability Question: Evaluating the new ATF leadership, unresolved past enforcement raids, and where the line between transparency and caution stands today. #ATF #CyberSecurity #2A #eForms #SecondAmendment #LegallyArmedAmerica #newsupdate * Click here to sign up for the Legally Armed America weekly newsletter to receive the latest videos, tips, and deals of the week: https://lp.constantcontactpages.com/su/mn7469k * Go to https://www.tristartrading.com/FTATF for Legally Armed America gear including shirts, hoodies, and caps you see me wear on the show! * Check out our partners at CMMG and use the Legally Armed America discount code FTATF10 at checkout to save on premium components and gear! * Sign up to AOR: https://attorneysforfreedom.my.site.com/signupattorneysonretainerus/s/?promoCode=FTATF&utm_source=LegallyArmedAmercia&utm_medium=youtube&utm_campaign=LegallyArmedAmerica-FTATF Attorneys On Retainer gives optimum protection in the unlikely event you have to draw your carry firearm! Do NOT carry without this protection! Receive $50 off of your sign-up fee or $25 off your Family Plan sign-up fee! (AOR is backed by Attorneys For Freedom, an independent AZ law firm exclusively representing clients in self-defense cases, offering representation in all 50 states and DC in collaboration with local co-counsel.) * Check out my friends over at Eikonic Knife Company today for premium everyday carry options! https://alnk.to/1Y0CfhR * Please visit my friends at Gideon Optics for the best price on quality optics! Use my code FTATF for 10% off! * Sign up to Gun Owners of America (GOA) today and join the fight in support of the Second Amendment and our rights! https://shop.gunowners.org/memberships/?avad=389733_c4e1ca641&avad_ttl=1785961082&avad=389733_c4e1d0219&avad_ttl=1785965667 * Check out the team over at Derya US for excellent gear options. Tell them Legally Armed America sent you! * For the best tasting coffee from a company that not only says they support the Second Amendment, but their actions ACTUALLY PROVE IT! Enjoy a little coffee and a lot of freedom! www.BlackoutCoffee.Com/ p=HJWV12Whi * Join Legally Armed America’s YouTube membership program to get exclusive access to perks from Paul: https://www.youtube.com/channel/UCAt-Dw4uRUV6U-hED3a5ssQ/join * GET BIG DISCOUNTS ON MY FAVORITE EAR PROTECTION – AXIL – HERE: https://goaxil.com/?rfsn=6383302.9159bf * If you’d like to support the channel, we’re also on Patreon at https://www.patreon.com/LegallyArmedAmerica . ________________________________________________________________ Disclaimer: The views and opinions expressed in this video are those of the speaker and guests and do not necessarily reflect the views or positions of any entities they represent. FAIR USE NOTICE: The Copyright Laws of the United States recognize a “fair use” of copyrighted content. The videos found on this YouTube channel may contain certain copyrighted works that were not specifically authorized to be used by the copyright holder(s), but which we believe in good faith are protected by federal law and the fair use doctrine for purposes such as criticism, comment, news reporting, teaching, parody, or research, and is not an infringement of copyright. All video is for educational purposes only. We believe this constitutes a fair use of any such copyrighted material as provided for in section 107 of the US Copyright Law.

  A Russian-linked ransomware group Qilin listed the ATF on its dark-web leak site on August 26, 2026, leading the Justice Department to designate it a statutory “major incident” requiring congressional notification within 7 days. The video analyzes official statements, ATF Director Robert Cekada’s direct confirmation that only an isolated standalone CALEA wiretap system was affected, and clarifies that core systems including eForms, NFRTR registry, and Form 4473 data remained untouched. It discusses double-extortion tactics, data potentially limited to investigation targets for wiretaps, past ATF enforcement issues like the Brian Malinowski raid, and questions around transparency under new leadership.

  • The Gist: Affects ATF operations nationwide (U.S. federal jurisdiction); specifically the standalone CALEA communications-intercept system used for authorized law enforcement wiretaps under the 1994 CALEA Act. Core national firearms systems (eForms for NFA tax stamps, NFRTR registry for suppressors/SBRs, FFL licensing, and Form 4473 records) explicitly stated as unaffected and isolated. Potential implications for investigation targets’ data privacy across states; references to unresolved matters in Arizona (Malinowski case) and Texas NFA ruling.
  • Impact: Triggers mandatory OMB “major incident” congressional notification within 7 days, increasing oversight of ATF cybersecurity. Raises questions on agency transparency, accountability for past zero-tolerance FFL raids and the 2024 Brian Malinowski raid death, and skepticism regarding ATF’s longstanding denial of a searchable electronic 4473 database. Evaluates new Director Cekada’s responsiveness positively but notes lack of statements on prior enforcement controversies; no evidence of NFRTR or gun-owner data compromise, separating fact from panic in 2A community.
  • Bottom Line: ATF confirms only isolated CALEA system breached; eForms, NFRTR, and gun owner records untouched per Director Cekada and official statements—no public data dump by Qilin as of video date.

• Viramontes v. Cook County: FPC Asks SCOTUS to Declare Assault Weapon Bans Unconstitutional Nationwide

  Firearms Policy Coalition (FPC) filed its merits brief with the U.S. Supreme Court in Viramontes v. Cook County, arguing that bans on semiautomatic rifles vi…

  Firearms Policy Coalition (FPC), two individual members, and the Second Amendment Foundation filed a merits brief in Viramontes v. Cook County urging the U.S. Supreme Court to rule that so-called “assault weapon” bans violate the Second Amendment. The brief argues that semiautomatic rifles such as the AR-15 are arms in common use for lawful purposes and therefore protected under District of Columbia v. Heller; it criticizes the Seventh and Second Circuits’ approaches for evading that precedent. The petition seeks a nationwide holding that such bans are unconstitutional, citing the AR-15’s popularity and referencing the recent Cheeseman v. Davenport en-banc decision from the Third Circuit.

  • The Gist: Nationwide (Cook County, Illinois ban challenged; relief sought to invalidate similar bans across all states)
  • Impact: Would establish that semiautomatic rifles are protected by the Second Amendment, overruling lower-court decisions upholding “assault weapon” bans and strengthening post-Heller/Bruen framework against categorical firearm prohibitions
  • Bottom Line: FPC asks SCOTUS to end assault-weapon bans nationwide by holding that commonly owned semiautomatic firearms are constitutionally protected.

• Rep. Tracy Mann (R-KS) Demands ATF Guidance on Suppressor Regulations Following Silencer Shop Foundation v. ATF Ruling

  Rep. Mann demands clear ATF guidance on suppressor rules after recent court ruling on firearm regulations.

  On August 31, 2026, Bearing Arms reported that Rep. Tracy Mann (R-KS) sent a letter to ATF Director Robert Cekada requesting detailed, timely implementation guidance after the federal court decision in *Silencer Shop Foundation v. ATF*. The ruling created uncertainty around National Firearms Act (NFA) registration, Form 4 processing, pending applications, and lawful transfers of suppressors. Mann, who previously introduced the RIFLE Act of 2025, emphasized that law-abiding owners and businesses require clear direction from ATF to avoid guessing their legal obligations. – Scope (who/what states are affected): Nationwide impact on federal NFA suppressor registration and transfer rules; affects all states, though suppressor legality and use vary by state law and user category.

  • Impact: Demonstrates congressional oversight of ATF via appropriations; seeks to enforce court ruling compliance, reduce regulatory uncertainty for Second Amendment rights, and pressure DOJ/ATF on potential appeals while supporting pro-2A policy under Republican leadership.
  • Bottom Line: ATF must promptly clarify which NFA requirements remain, how Form 4 applications will be handled, procedures for owners/dealers, and a timeline for official guidance to restore certainty for lawful firearm owners and the firearms industry.

• Defense Distributed v. Blanche* (No. 4:22-cv-00691-O, formerly *VanDerStok v. Bondi*) – Judge Reed O’Connor Rules Biden-Era ATF Frame-or-Receiver “Ghost Gun” Rule Unconstitutional

  A federal judge in Texas this week found the Biden-era ATF’s “Frame or Receiver” Rule unconstitutional on both Second Amendment and due process grounds.

  U.S. District Judge Reed O’Connor in Texas held that the ATF’s 2022 Final Rule expanding the statutory definition of “firearm” to reach certain unfinished frames, receivers, and kits (commonly called “80 %” or ghost-gun kits) violates the Second Amendment and due-process requirements. The 29-page opinion concludes there is no historical tradition supporting a ban on self-manufacture of firearms and that the rule’s ambiguous language exceeds the agency’s statutory authority. The lawsuit was filed in 2022 by Defense Distributed and the Second Amendment Foundation; the rule took effect in August 2022.

  • The Gist: Scope (who/what states are affected) The ruling applies nationwide to the ATF’s Final Rule redefining “firearm” under the Gun Control Act; it affects manufacturers, sellers, and owners of unfinished frames, receivers, and kits throughout the United States. No specific state-by-state limitations are stated.
  • Impact: Legal/Political Impact The decision invalidates the Biden administration’s primary regulatory effort to treat many commercially sold “ghost gun” kits as regulated firearms requiring serialization and background checks. It reinforces *Bruen*-style historical-tradition analysis for Second Amendment claims and limits ATF authority to expand statutory definitions without new legislation. The government is expected to appeal to the Fifth Circuit.
  • Bottom Line: The Bottom Line Judge O’Connor held that the ATF Final Rule is unconstitutional because self-manufacture of firearms has deep historical roots and the rule’s vague, far-reaching restrictions on component parts do not comport with the Second Amendment or due process; the injunction blocks enforcement of the expanded “firearm” definition for the covered kits.