Red flag law citizen initiative officially valid to appear on November ballot
A portrait of Margaret Chase Smith in the background as proponents of gun safety rally in the halls of the State House on Jan. 3, 2024. (Jim Neuger/Maine Morning Star)
A citizen-led initiative to strengthen Maine's gun safety laws is headed to the ballot this November, after the Secretary of State's Office confirmed Friday that enough valid signatures had been collected.
Maine could join 21 other states that have passed red flag laws, officially called an Extreme Risk Protection Order, which would make it easier to temporarily confiscate one's guns if they are deemed to be a threat by law enforcement or their family members. Both gun safety advocates and owners in Maine have emphasized the need for such a law, according to Nacole Palmer, executive director of the Maine Gun Safety Coalition, which spearheaded the initiative.
Red flag laws have been proven effective in reducing incidents of suicide – the leading cause of firearm death in Maine, especially among men.
Maine is currently the only state to have a yellow flag law, a weaker provision that allows law enforcement officials to take away guns from someone considered a safety risk to themselves or others after an evaluation from a mental health professional. The red flag law, if passed, would authorize family members to directly petition courts to take someone's guns away if they pose a threat.
After a failed legislative attempt to pass the red flag law last year, the coalition collected more than 80,000 signatures in about two months in support of passing the initiative. Of those, 74,888 were found to be valid, according to a release by the Secretary of State's Office, still exceeding the number required for a valid petition (which is 67,822, or 10% of the total votes cast in the most recent gubernatorial election).
The initiative will now go to the Legislature for consideration, and lawmakers can choose to enact the bill as written or refer it to a statewide vote in November 2025.
In her State of the Budget address in late January, Gov. Janet Mills defended Maine's yellow flag law, which she helped craft in 2020. Use of the yellow flag law has increased since the deadly Lewiston mass shooting in 2023, although some law enforcement agencies rely on it more than others.
The independent commission tasked with investigating the events that led to the shooting determined, among other things, that the Sagadahoc County Sheriff's Office had sufficient cause to take the shooter into protective custody under Maine's Yellow Flag Law, but failed to do so.
In a press statement, Palmer said that with the Secretary of State's validation, the coalition can start its campaign.
'This was the final hurdle in a process that began in the aftermath of Lewiston, as people across Maine and family members of those lost asked how we prevent this from ever happening again,' she said. 'This is a proven, commonsense tool for families that's been effective in many other states in saving countless lives and preventing tragedies like Lewiston.'
Palmer said the gun lobby has already started 'spreading misinformation and scare tactics' about red flag laws, which have been upheld as constitutional and proven effective in states where they've passed.
'Maine is a strong gun rights state, where many of us hunt and shoot recreationally, but we're also a state that believes in gun responsibility,' said David McCrea, former state legislator and retired educator from Fort Fairfield and a volunteer for the Maine Gun Safety Coalition in a statement. 'As a gun owner myself, I'm proud to support this commonsense measure that will give family members tools to get help for their loved ones when they're in need, before a crisis becomes a preventable tragedy.'
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