Gun Laws And 2a
'Enough is enough': Maine voters decisively pass 'red flag' gun law
'Enough is enough': Maine voters decisively pass 'red flag' gun law
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✍️By ZRIntel Editorial Team📍Portland, Maine
PORTLAND (WGME) -- Maine is now the 22nd state to pass a red flag law, with Maine voters sending a clear and decisive message. Voters overwhelmingly passed Question 2, which supporters say is a better way of keeping guns away from people who shouldn't have them, citing the Lewiston mass shooting as a major reason to pass it. The law allows family members or officers to petition the court for an extreme risk protection order, to seize guns or stop the purchase of a gun, from someone suspected of posing a significant danger to themselves or others. "We say enough is enough," Nacole Palmer of the Maine Gun Safety Coalition said. It's the victory the Maine Gun Safety Coalition sought for years, and one that took 18 lives for it to become law. Arthur Barnard's son was one of the 18 people killed in the Lewiston tragedy. "Robert Card should have got the help he needed. People should have listened to the family," Barnard said. "They ignored all the signs. We can't do that anymore. We can't ignore the signs." Governor Janet Mills, who was against Question 2, now says, "My administration will work with law enforcement and the public to implement this new law, along with our existing extreme risk protection law, to best ensure the safety of Maine people." "It's just another tool, Barnard said. It doesn't eliminate the yellow flag law. We still have those tools." But which tool will officers choose? Sanford Police Major Mark Dyer says they will likely use the yellow flag law. "Because usually when we are encountering a problem, we're encountering it because it's imminent, Dyer said. There's a likelihood of serious harm. There's probably a mental health issue involved. There's guns involved in some way." "It's not a competition, Palmer said. It's about having more options when there is a true crisis." Both laws can lead to the removal of weapons, but only the yellow flag law includes a mental health evaluation requirement for someone suspected of posing a significant danger. "We'll take them into protective custody. We will get them in front of a clinician to be evaluated," Dyer said. "And then a judge will review it and sign off on it." "The existing yellow flag law, while it does require a mental health evaluation, there's no requirement for that person to get the mental health care that they need," Palmer said. There's no treatment requirement in the red flag law, either, but only with red flag can family members petition the court directly without police involvement. "No one knows if a family member is not right faster than the family," Barnard said. "The thought of leaving law enforcement out of it with the red flag and citizens can do this on their own, eventually, law enforcement will have to serve the order, take the weapons," Dyer said. New Hampshire is now the only New England state without a red flag law. If someone in crisis refuses voluntary treatment, a family member could petition the court to have their loved one admitted for psychiatric treatment. Under both laws, weapons may only be seized under an "emergency" crisis intervention. The judge must issue an "emergency" extreme risk protection order. The court must hold a hearing in 14 days to give the defendant an opportunity to respond. The mayor of the city where Maines worst mass shooting occurred says Maine has taken a major step towards a safer future. "For communities across Maine, especially in Lewiston, where the call for such legislation has been deeply felt, this victory is a testament to our collective commitment to public safety," Lewiston Mayor Carl Sheline said.