Latest news with #MaineGunSafetyCoalition
Yahoo
17-06-2025
- Politics
- Yahoo
Maine Republicans, red flag opponents want to give voters another referendum option
Jun. 17—AUGUSTA — Maine Republicans and opponents of the initiative that will go to voters this fall to make it easier to confiscate weapons from a person in crisis want to put another option on the ballot that would include changes to existing law and funding for mental health services. The proposal was unveiled Tuesday morning at a press conference hosted by Maine House Republicans. It would establish two new crisis receiving centers offering services to people undergoing mental health crisis and provide funding for five community behavioral health clinics. The proposal also would require school resource officers to undergo training every two years on extreme risk protection orders, which can be used to temporarily remove a person's firearms, and would prohibit a court from issuing an order denying a person the right to purchase or possess a dangerous weapon except in certain circumstances, including the issuance of an extreme risk protection order. And it would create a grant fund to support the extreme risk protection order process and address the underlying mental health issues that prompt the orders to be issued. "This competing measure strengthens our yellow flag law," said Rep. Jennifer Poirier, R-Skowhegan, who is leading the effort to get the measure on the November ballot as an alternative to the red flag initiative that has already qualified. The Maine Gun Safety Coalition gathered more than 70,000 signatures of Maine voters to qualify the red flag initiative for the ballot. The question would provide a pathway for family or household members, in addition to law enforcement, to petition a court to temporarily remove someone's weapons. Unlike Maine's current yellow flag law, it would eliminate the need for a mental health evaluation before a judge can order the temporary confiscation of weapons through an extreme risk protection order. Critics of the red flag effort say it infringes on 2nd Amendment Rights and have said Maine's yellow flag law, which took effect in 2020, is working well. Usage of the law has spiked in the aftermath of the 2023 Lewiston mass shooting as law enforcement awareness of and training around the law has increased. Lawmakers have three options when receiving a qualified citizens initiative: Enact it without changes, send it to voters, or send it to voters with a competing measure. It's rare, however, for lawmakers to add competing measures — the last time that occurred was in 2003, according to legislative records. Democrats, who control both chambers of the Legislature, have indicated they plan to send the red flag initiative to voters without an effort to pass it. Poirier called on Senate President Mattie Daughtry, D-Brunswick, and House Speaker Ryan Fecteau, D-Biddeford, to move forward with a work session on the competing measure, though it was unclear Tuesday afternoon if that would happen. Lawmakers are in the final days of the session and leaders have indicated they plan to conclude their work by Wednesday. "We have options to either go into a straight work session in committee or take this up on the House floor, and we're waiting for them to answer that call for action," Poirier said. Spokespeople for Daughtry and Fecteau did not immediately respond Tuesday to questions about whether a work session would be scheduled or if the proposal would be taken up on the House floor. If the proposal is approved by lawmakers as a competing measure, it would appear as a third option on November's ballot, which would ask voters if they want to approve the red flag proposal, the competing measure, or neither. The proposal calls for $1 million in ongoing annual funding and a one-time allocation of $2 million to fund crisis receiving centers in Kennebec and Aroostook counties. Funding was previously allocated for those centers, but Gov. Janet Mills' proposed budget removed that as part of a cost savings measure. A newly released budget proposal from legislative Democrats also eliminates funding that had been set aside previously. The proposed ballot measure also includes $2 million in one-time state funding and supporters said the state could apply for an additional $7 million in federal funding for community behavioral health clinics. David Trahan, executive director of the Sportsman's Alliance of Maine, a group that advocates for gun owners and hunters, spoke at Tuesday's press conference in support of the proposed competing measure. "I think we all know mental health services are desperately needed in rural areas, and in order to do that, we need a commitment from the Legislature," Trahan said. Copy the Story Link
Yahoo
12-06-2025
- Politics
- Yahoo
Advocates make case for red flag ballot measure in last-minute legislative hearing
Nacole Palmer (right), executive director of the Maine Gun Safety Coalition, sits with Arthur Barnard (center), who held a picture of his son, Lewiston shooting victim Arthur Strout, during a public hearing before the Maine Legislature's Judiciary Committee for a red flag citizen's initiative on June 11, 2025. (Photo by Eesha Pendharkar/ Maine Morning Star) Dozens of people gathered at the State House Wednesday to discuss stricter gun safety regulations that Mainers will be voting on this November. After a failed legislative attempt last year to implement a so-called 'red flag law' — which would allow courts to temporarily take guns away from people perceived as a threat by law enforcement or their family members — a citizen-led initiative collected more than 80,000 signatures to put a referendum question on the ballot for this year. But before the question goes to voters in November, the Legislature is required to hold a public hearing for the referendum: LD 1378. Wednesday's meeting came after Republicans repeatedly questioned why a public hearing was never scheduled for the proposal. After pleas from Republicans, last-minute hearing scheduled for red flag initiative Red flag laws, formally known as extreme risk protection orders, are active in twenty-one states, including four states in New England. Maine is the only state with a yellow flag law. The referendum proposes allowing a family member, household member or law enforcement officer to file a petition, along with an affidavit of facts, for an extreme risk protection order if someone is suspected of posing a significant danger of causing physical injury to themself or another person. That protection order would prohibit the person from purchasing, possessing or controlling a 'dangerous weapon.' A court would be required to schedule a hearing within 14 days of when the petition is filed. If the court finds the individual does pose a significant risk of causing physical injury, the court must issue an order prohibiting them from purchasing, possessing or receiving a dangerous weapon for up to one year. The person would need to immediately surrender any dangerous weapons in their possession to law enforcement. A person could request to have the order terminated if they can show evidence that they no longer pose a risk of physical harm. Conversely, an order can also be renewed for up to one additional year. At the hearing, about 30 speakers highlighted flaws in Maine's current 'yellow flag law,' which allows law enforcement to take guns away from people after a mental health evaluation. Family members of people who died in the October 2023 mass shooting in Lewiston as well as doctors, psychiatrists and school teachers all pointed to issues with the yellow flag law, arguing that stricter regulations could have helped prevent the shooting. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'I get regular calls from people who are desperate for help when a loved one or others are in crisis, who are dangerous and harmful firearms that are not getting help from the police. I have to explain to them that there's nothing that I can do as an individual on this kind of advocacy,' said Nacole Palmer, executive director of the Maine Gun Safety Coalition, which collected signatures for the citizen initiative. 'But there's something that we can all do together this November by passing this proven, life-saving law that empowers family members and will help keep our schools and communities safe,' she added. Mental health professionals and doctors from several national organizations said the current law's required mental health evaluation weakens it. 'Ultimately, family members know their loved ones best. They are first to notice when something is wrong and when someone they love is wrong,' said Madeleine DesFosses, speaking on behalf of the American Academy of Pediatrics and the Maine Medical Association. 'We need to ensure that an efficient process is available, and that makes it easier to get dangerous weapons away from someone.' Critics of the bill included members of law enforcement, who said the yellow flag law is working well and that allowing courts to directly take away weapons makes enforcement of the red flag law more dangerous for law enforcement officers who have to confiscate them. Some opponents also argued that it's unconstitutional and lacks due process. If the referendum passes, it would not replace Maine's current law, but would be an additional tool police or the general public can use to temporarily confiscate weapons. But Lt. Michael Johnston of the Maine State Police argued that having two different avenues is unnecessary, since the current system is working well, as evidenced by the increase in frequency of use. Maine medical community backs proposed red flag law 'I think this is going to be a heightened risk of service for law enforcement and for the respondent,' Johnston said, testifying in opposition to the referendum. 'You get diminished returns if you have similar processes in place, people aren't sure which ones to take advantage of.' The public hearing included lengthy discussion on the effectiveness and barriers of the current law. Since the Lewiston shooting, the use of the yellow flag law has skyrocketed. Law enforcement used it more times in the first two months of this year than the first three years after its passing in 2020. So far, there have been 881 total applications, 800 of which were after the October 2023 shooting, according to Maine State Police. Johnston said he is only aware of two times that state police were unsuccessful in temporarily confiscating weapons under the yellow flag law rules. But that use remains high because the yellow flag law 'failed so spectacularly that 18 Mainers were slaughtered,' Palmer said. 'And the people of Maine, including our law enforcement, are so desperate to make sure that kind of thing doesn't happen again.' Johnston said 'Lewiston was a wake up call for everyone,' and that law enforcement is already focused on better training and implementation of the yellow flag law. Adding another tool that doesn't work as well to the tool chest, he said, 'can detract or diminish from what's already working.' Similar legislation was introduced last session, but it died without a vote in the full Senate or House of Representatives. That bill was sponsored by Sen. Rachel Talbot Ross (D-Cumberland), who at the time was speaker of the House. A lengthy budget debate on the last day of the session upended plans for the chambers to take it up. At the time, the measure was particularly popular among Maine's medical community which praised the proposal for its efforts to address the public health crisis of gun violence without stigmatizing mental illness. Like last year's proposal, the red flag bill heard Wednesday is up against the legislative clock. Though lawmakers are no longer beholden to the statutory adjournment date of June 18, given that they are technically in a special session, leaders have indicated they intend to stick with that deadline. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
11-06-2025
- Politics
- Yahoo
Red flag hearing offers preview of Maine's looming referendum battle over gun rights
Jun. 11—AUGUSTA — Activists gathered at the State House Wednesday afternoon for a public hearing on a fall ballot measure that could make it easier to temporarily take firearms away from people in crisis. Republican lawmakers and gun rights groups opposed to the citizens initiative demanded the hearing and threatened a lawsuit before Democrats agreed earlier this week to schedule the session. The hearing will focus on the proposed red flag law, also known as an extreme risk protection order. If passed by voters in November, it would provide a pathway for family or household members, in addition to law enforcement, to petition a court to temporarily remove someone's weapons. Unlike Maine's current yellow flag law, the proposal would eliminate the need for a mental health evaluation before a judge can order the temporary confiscation of weapons. The Maine Gun Safety Coalition gathered signatures from Maine voters to qualify the question for the November ballot after a similar measure, proposed in the wake of the 2023 Lewiston mass shooting, failed to get approval from Maine lawmakers last year. And while lawmakers held a public hearing last month on the only other citizen initiative currently up for consideration, Democratic leaders of the Judiciary Committee said a hearing on the red flag proposal was not required by the Maine Constitution and was not necessary because lawmakers were sending the question to voters. Republicans and gun rights supporters opposed to the measure pushed back on the decision from the Democratic committee leaders, pointing to a 2019 state law that says all valid citizens initiatives must receive a public hearing unless the requirement is formally waived by lawmakers. Democrats reversed course and announced the hearing would be held earlier this week. This story will be updated. Copy the Story Link
Yahoo
07-03-2025
- Politics
- Yahoo
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.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-03-2025
- Politics
- Yahoo
Red flag proposal from gun safety advocates qualifies for November ballot
Mar. 7—A proposal for a red flag law that would make it easier to remove weapons from people deemed a threat to themselves or others has qualified for the November ballot. The Maine Department of the Secretary of State announced Friday that gun safety advocates have gathered the required number of signatures from voters to send their proposal to a statewide referendum. If approved, a red flag law, also known as an extreme risk protection order, would provide a pathway for family or household members, in addition to law enforcement, to petition a court to temporarily remove someone's weapons. And unlike Maine's current yellow flag law, the proposal would eliminate the need for a mental health evaluation before a judge can order the temporary confiscation of weapons. The Maine Gun Safety Coalition launched the effort to get a proposal for a red flag law before voters after the Maine Legislature failed to act on a red flag bill last year in the wake of the mass shooting in Lewiston that killed 18 people. "This past fall, tens of thousands of Mainers decided to step up where elected leaders didn't and put a real extreme risk protection order law on the ballot," said Nacole Palmer, executive director of the Maine Gun Safety Coalition, in a written statement. "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." The secretary of state's office said Friday that supporters of the initiative gathered more than 74,000 valid signatures in support of the referendum, exceeding the required number of 67,682. The proposal will now go to the Legislature, which has the option of enacting the bill as written or sending it to a statewide vote in November. This story will be updated. Copy the Story Link
