Democrats in Maine appear determined to advance an Extreme Risk Protection Order Law in their state.
The 2024 legislative session is set to close on April 17. Maine is in the grip of a Spring Nor’easter that’s left 302,762 Mainers in 14 of the state’s 16 counties without electricity and canceled or postponed much of the legislature’s work.
However, a public hearing on the so-called “Red Flag Law” is scheduled for April 5 at noon ET.
Supporters say the proposed Red Flag law is in response to the Oct. 25, 2023, mass shooting in Lewiston, Maine, which left 18 people dead and 13 others injured at Schemengees Bar and Grille and the Just-In-Time Recreation bowling alley, both located just four miles apart.
The killer was found dead two days later, about 10 miles from the site of the shootings.
He had been treated for mental health problems, including “hearing voices and threats to shoot up the National Guard base in Saco, [Maine],” a police bulletin stated at the time. He was also admitted to an unspecified facility for mental health treatment for two weeks over the summer, authorities said last October.
If the order is granted, the person subject to it would be prohibited from possessing or obtaining firearms. The law calls for a hearing in which the subject would answer any allegations made against him.
However, the law also provides for “emergency” orders in which a judge could act without notifying the person.
While the law requires the petitioner to file an affidavit with the court, an emergency order allows the petitioner to be sworn and file the affidavit by telephone or email.
The Maine Gun Safety Coalition calls the bill a “true ERPO bill” and says the current Yellow Flag law is cumbersome and difficult for civilians to understand and possibly dangerous for law enforcement.
Opponents of the Red Flag bill say the opposite is true. The Yellow Flag law—the first of its kind in the nation—was passed in 2019 as a means of preventing mass shootings.
Supporters of the law, like state Rep. Lisa Keim (R-Dist. 19), say it is more intuitive and allows law enforcement to get mental health professionals involved in a case without violating a person’s constitutional rights.
She pointed out that a person in danger doesn’t generally think about filing documents with the court. Ms. Keim noted that under the Yellow Flag law, all a concerned person has to do is call 911.
“It’s based on a natural reaction,” Ms. Keim said.
Under the Yellow Flag law, a person concerned that someone is dangerous would notify law enforcement. Then, the responding agency would request a mental health evaluation from a medical professional, such as a psychologist, psychiatrist, or doctor, among others. If the person is found to be a danger, they can be restricted from possessing or obtaining firearms.
According to Ms. Keim, the law has been used more than 200 times since the Lewiston shootings. She said the law is effective and preserves a person’s Constitutional rights.
However, she said all laws share one major shortcoming.
“A law that’s not utilized is not effective,” she said.
One Person Responsible
The interim report released on March 15 says several entities might have stopped the killer, including the U.S. Army, mental health professionals in New York, and the Sagadahoc County Sheriff’s Office, if they had properly enforced the law.But the report also makes it clear that only one person is responsible for the killings.
“Robert Card Jr. is solely responsible for his own conduct, and he may have committed a mass shooting even if the guns he possessed in September 2023 were removed from his house. Nevertheless, there were several opportunities that, if taken, may have changed the course of events,” the report reads.
Opponents of the Red Flag bill say Democrats are rushing to implement a law at the behest of gun control groups regardless of what Mainers want or need.
“It’s the same folks who are at the state house every year,” Sen. Matt Harrington (R-York) told The Epoch Times. “They’ve been pushing for a Red Flag law for many years.”
