Maine lawmakers are considering a new “red flag” law that would allow family members to petition a judge for the temporary removal of guns. The bill was introduced by House Speaker Rachel Talbot Ross, a Democrat, following a shooting incident that claimed the lives of 18 people last fall. The proposal aims to address signs of deteriorating mental health by allowing family members to directly request the removal of guns during a psychiatric crisis.
The current law in Maine requires police to initiate the process of removing guns by taking someone into protective custody. The new red flag law would streamline this process by allowing family members to go directly to a judge to request the removal of guns. While House Speaker Talbot Ross emphasized the importance of the bill in preventing senseless acts of violence, Republican Senator Lisa Keim, who sponsored a competing “yellow flag” law, expressed concerns about the potential removal of protections built into the current statute.
Gun control advocacy groups have rallied around the new proposal, citing the need to prevent future mass shootings. Maine Governor Janet Mills has also called for streamlining and strengthening the existing yellow flag law, while also proposing additional measures such as background checks for private gun sales and a ban on certain gun modifications. The state legislature has already voted in favor of expanding mental health care in response to the shooting, but funding questions are still being addressed.
Opponents of the red flag law, including Republican lawmakers, have raised concerns about due process rights for gun owners and the potential infringement on constitutional rights. The ongoing state panel investigating the shooting incident issued an interim report stating that law enforcement had the ability to seize guns from the shooter under existing laws. Republican Senator Keim argued that both the governor’s and the speaker’s proposals would make it too easy for guns to be taken away without proper safeguards in place.
The proposed red flag law would allow family members or police to petition for the temporary confiscation of guns, with a judge required to issue an extreme risk protection order on the same day of a determination that someone poses an immediate danger. The law would also require a hearing to extend the temporary order beyond 14 days. While Democratic leaders have pushed for stricter gun control measures in response to the shooting, Republican lawmakers have criticized the proposals as potentially unconstitutional and lacking support from the findings of the state panel reviewing the incident.
