Latest news with #redFlagLaw
Yahoo
07-06-2025
- Politics
- Yahoo
Standoff over red flag hearing continues in Maine Legislature, may go to court
Jun. 6—A partisan standoff over whether to hold a public hearing on a citizen-initiated red flag referendum is likely to stretch into next week's legislative sessions and could wind up in court. Senate Minority Leader Trey Stewart, R-Presque Isle, tried late Thursday to force Democrats to schedule a public hearing on the referendum, proposing a series of floor motions in the Senate, all of which were rejected. He said Friday that he intends to introduce additional motions next week if Democrats still haven't agreed to hold a hearing on the initiative. "I don't think this thing is over yet," Stewart said. "If I had to wager a bet, there are some other motions I'm intending to make when we get back next week, assuming they still haven't done the right thing." The red flag proposal, if passed by voters, would make it easier to confiscate the guns of a person in crisis by allowing family members to initiate the process and by removing a required mental health evaluation. The proposal came forward in the wake of the mass shooting in Lewiston in October 2023 and is certain to generate intense debate over gun rights and restrictions ahead of the November vote. Meanwhile, the impasse over a public hearing on the proposal has added to tensions at the State House as lawmakers are in the busy final days of the legislative session. Republicans point to a 2019 law that requires public hearings for citizen initiatives that are headed toward statewide referendum votes, unless lawmakers formally vote to waive the requirement. Such hearings have been held on other citizen proposals, but not all: A 2021 citizen initiative never received a hearing or the required waiver and was still sent to referendum and passed by voters. Democrats have so far not backed down, arguing in part that the Maine Constitution does not require the hearing and also citing legislative rules. Gun rights supporters who are opposed to the referendum proposal are pointing to the state law and threatening legal action against Democratic leaders, with one top advocate saying Friday that they have attorneys drafting a lawsuit. "When there's a state law on the books the Legislature can't just ignore it, so that will be the basis for the challenge," said David Trahan, executive director of the Sportsmen's Alliance of Maine, an advocacy group for gun owners and sportsmen that is working on the lawsuit. Nacole Palmer, executive director of the Maine Gun Safety Coalition, which initiated the citizen's referendum, said in a written statement Friday that the group is "happy to debate this issue any time" and accused Republicans of playing "political tricks" by waiting until the end of the session to raise questions. "Now the National Rifle Association has joined them, parachuting into our state to muddy our Democratic process," Palmer said. "While they are doing that, we are focusing on the next five months, where we will be having this conversation publicly, talking to voters throughout the state, and in November every Maine voter will have the chance to make their voices heard." Citizens initiatives are brought forward by voters though a signature-gathering and application process. While the Legislature can choose to enact the proposals, they typically send them to statewide referendum votes. Maine's Legislature held a public hearing last month on the only other citizen initiative currently pending. That proposal would require photo identification prior to voting in Maine and put new restrictions on absentee voting. It also is headed for a fall referendum vote. Lawmakers also held a public hearing last year on the only citizen-initiated referendum they received in 2024, LD 2232, to limit contributions to political action committees that make independent expenditures. All four citizen initiatives in 2023 also received hearings. Legislative records, however, show that no public hearing or vote to waive the hearing was held for an initiative in 2021 that was aimed at stopping the New England Clean Energy Connect transmission line through western Maine. At a committee work session on that initiative, a legislative analyst did not address whether lawmakers needed to hold a public hearing but did note some unique circumstances. Two weeks after the initiative was handed to the Legislature, lawmakers adjourned and the bill was carried over to a special session. Sen. Dick Bradstreet, R-Vassalboro, the sponsor of the 2019 law to require public hearings, said Friday that the circumstances of the 2021 case were different because lawmakers are supposed to hold the hearing in the same session in which they receive it and in that case they had just received the proposal when they ended up adjourning. He said the reason no hearing was held in 2021 was "kind of a technicality." LD 1378, the bill resulting from the red flag citizen initiative, was transmitted to the Legislature on March 27, during the current session that's scheduled to end June 18. "You really can't compare the two because in this case they're choosing not to have the hearing, even though the legal requirements are there," Bradstreet said. "Before, they could say they weren't in the same session. ... Now they're kind of flouting the law." Bradstreet said he didn't recall any outcry over the lack of a public hearing on the 2021 measure, but said there was less knowledge of the relatively new law at the time. He said he put forward the bill in 2019 because of a handful of initiatives that had been put forward around that time that were generating a lot of advertising. DISCERNING FACT FROM FICTION "I thought, 'How can people discern fact from fiction?'" Bradstreet said. "The only way to do that would be some type of hearing where people could question what the initiative does and what some repercussions would be, and where both sides would have a chance to present their arguments without the propaganda." In a late-night session Thursday, Senate President Mattie Daughtry, D-Brunswick, rejected a proposal from Stewart to consider a formal waiver of the public hearing requirement to comply with state law, saying that his proposal was "not properly before the body." Daughtry said the Legislature's rules take precedence over statutes passed by prior groups of lawmakers regarding legislative proceedings and that Stewart's motion was asking for lawmakers to take an "unnecessary vote" on the citizens initiative. Daughtry also noted that the initiative was still before the Judiciary Committee, where she said it could have further action. A spokesperson for Daughtry and Sen. Anne Carney, D-Cape Elizabeth, the Senate chair of the committee, said Friday that they would not comment on the calls for a public hearing. Rep. Amy Kuhn, D-Falmouth, the House chair of the committee, did not respond to a voicemail message or email. Trahan, from the Sportsmen's Alliance of Maine, said his group in conjunction with Gun Owners of Maine and the National Rifle Association will focus their lawsuit on the 2019 law and argue that lawmakers need to either hold the hearing or vote by a two-thirds majority to waive it. The group is also fundraising to support the effort. Trahan said that just because lawmakers "got away with" not holding a hearing on the 2021 initiative, it does not mean it's not required in the law. "Why don't they just make this easy and hold the public hearing?" he said. "There's nothing to hide. Good public discourse adds to the debate." Copy the Story Link
CBS News
21-05-2025
- Health
- CBS News
WCCO investigates what happened after a petition was filed using Minnesota's red flag law
Minnesota's red flag law is designed to take guns out of the hands of people in a moment of crisis. In year one, 138 petitions were filed for people who wanted to die by suicide or hurt someone else. What happened after a judge approved or denied a petition? "It matters to me because it's going to save lives," DFL Rep. Ethan Cha said. Cha knows what it's like to worry about a relative and to step in to remove a gun. He supported the state's red flag law. In its first year, judges approved more than 90% of the extreme risk protection order petitions, lasting for 14 days, up to a year. "Looking at the data, you know, I see that it's being effective, right? It's giving a stop measure for these moments," Cha said. What happened after someone raised a red flag? According to court records, 20 people were charged with a crime following the petition. In the cases we can see, none involved a gun. There were traffic offenses and failing to display a license number on a boat. Two charges were related to why the petition was filed. Someone violated an order for protection. Another involved threats of violence at a dentist's office. That person was also civilly committed. Sue Abderholden, executive director of National Alliance on Mental Illness or NAMI Minnesota, is invested in the outcomes. "Just because someone had an interaction, you know, with law enforcement over that gun doesn't mean that they go on to do other things. And so, it was an effective intervention," Abderholden said. "I think for the people who are committed, that tells us that they really, perhaps didn't have insight into their illness. They weren't willing to go to treatment voluntarily, but clearly, they needed to access treatment." WCCO discovered 10 people had a civil commitment ordered following the petition. "I think that's 10 cases that we could have saved multiple lives, right? It's just not the individual, but you know also the domino effects, right? If this person had access to firearms, what else could have happened," Cha said. There are gaps with the data. We only know what happened when there's been contact with the court. For instance, NAMI says more people may have voluntarily gotten help, but health privacy laws prevent us from learning about it. They would like to see that happen more often than more civil commitments. So far, 92 petitions have been filed in 2025. Police say if you or someone you know is in immediate danger, call 911. Click here to learn more about the law and how to file a petition. If you or someone you know is in emotional distress, get help from the Suicide and Crisis Lifeline by calling or texting 988. Trained crisis counselors are available 24 hours a day to talk about anything. In addition, help is available from the National Alliance on Mental Illness, or NAMI. Call the NAMI Helpline at 800-950-6264 or text "HelpLine" to 62640. There are more than 600 local NAMI organizations and affiliates across the country, many of which offer free support and education programs.
