The Maine Gun Safety Coalition, along with its partners, has initiated a citizen movement to implement a “red flag” law. This comes after a state commission investigating the Lewiston mass shooting reported that local authorities failed to enforce the existing “yellow flag” law.
The critical distinction between the two laws is that a “red flag” law, formally known as an Extreme Risk Protection Order, allows family members to petition a judge directly to temporarily restrict an individual’s access to firearms during a crisis. In contrast, Maine’s current statute only permits law enforcement to initiate such actions and requires a mental health evaluation before a judge can confiscate firearms.
While Washington D.C. and 21 states have enacted “red flag” laws, Maine remains the only state with a “yellow flag” version of this preventive measure.
The coalition is currently recruiting volunteers to gather petition signatures at polling stations on Election Day, November 5.
“In the aftermath of last year’s tragedy in Lewiston, people in communities across Maine have asked what could have been done differently,” stated Nacole Palmer, executive director of the Maine Gun Safety Coalition and one of the citizen petitioners. “The Lewiston report laid bare the inadequacies of the half-measure lawmakers passed in 2019. The commission did its part, and now the rest is up to us.”
Maine Gov. Janet Mills and Attorney General Aaron Frey established the Independent Commission to Investigate the Facts of the Tragedy in Lewiston. The commission, led by Daniel Wathen, was tasked with fact-finding rather than policy recommendations, as stated during the press conference where the report was released last month.
The commission’s findings revealed that the Sagadahoc County Sheriff’s Office had sufficient grounds to take Robert Card into protective custody and initiate firearm confiscation under the “yellow flag” law but failed to act. Furthermore, during public hearings, several law enforcement officials described the “yellow flag” law as cumbersome and unduly restrictive regarding who can initiate proceedings to limit firearm access.
The Safe Schools, Safe Communities initiative is a coalition-backed effort that includes gun safety advocates, healthcare and mental health professionals, faith leaders, teachers, gun owners, and veterans’ groups.
One of the initiative’s sponsors, Arthur Barnard, father of Lewiston shooting victim Arthur Strout, expressed dissatisfaction with the state Legislature’s actions. “In the year since I lost my son, we went to Augusta and tried to get lawmakers to do the right thing and tighten this law up, and they fell short,” Barnard wrote. “Now we’re taking this common sense proposal directly to the people of Maine. If Extreme Risk Protection Orders could prevent just one more family from ever having to experience what I’ve gone through – what my grandchildren are going through every day – it’s worth it.”
Following the Lewiston mass shooting on October 25, 2023, which resulted in 18 deaths and 13 injuries, lawmakers considered several gun reform proposals.
New measures included a modification to the “yellow flag” law, giving police more discretion to take protective custody and remove firearms from dangerous individuals. The law also expanded background checks for advertised sales and encouraged checks for unadvertised sales.
The state budget increased funding for the “yellow flag” law, which has been used 392 times, with 311 instances occurring since last October, according to Gov. Mills.
A narrowly passed law introduced a 72-hour waiting period for certain firearm purchases.
However, a proposed “red flag” law did not reach a final vote last session. Additionally, Gov. Mills vetoed a proposal to redefine machine guns and mandate the destruction of firearms used in crimes.
At the federal level, Maine’s U.S. senators are advocating for legislation to ensure the military adheres to state crisis intervention laws when a service member poses a threat.
Besides Palmer and Barnard, other citizen petitioners for the Safe Schools, Safe Communities initiative include Joe Anderson, a pediatric hospitalist in Lewiston, Cathy Harris, a retired teacher, Lisa Durkee, a minister, and Doug Rawlings, a veteran.
The Maine Secretary of State’s Office confirmed the group has filed for a citizen initiative. They need to collect 67,682 valid signatures (10% of the total votes cast for governor in the November 2022 election) by January 23, 2025, to appear on the November 2025 ballot, and by February 2, 2026, for the November 2026 ballot.
The campaign has received endorsements from various organizations, including the Maine Medical Association, Responsible Gun Owners of Maine, and Maine Summer Camps, as well as religious groups like Congregation Bet Ha’am and the Episcopal Diocese of Maine.
This story was originally published by the Maine Morning Star
—
Read More Kitchen Table News