AUGUSTA — The National Rifle Association said Thursday it will join with two Maine-based groups in a lawsuit to try to compel Democrats to hold a public hearing on a proposed red flag law.
Earlier this week, the Gun Owners of Maine and Sportsman’s Alliance of Maine said they would pursue legal action against Democratic leadership and Judiciary Committee Chairwoman Sen. Anne Carney (D-Cape Elizabeth) over her decision to forgo a public hearing on the citizen initiative.
A Thursday statement from John Commerford, executive director of the NRA Institute for Legislative Action, called out Carney, House Speaker Ryan Fecteau (D-Biddeford) and Senate President Mattie Daughtry (D-Brunswick).
“Progressive Portland politicians are forcing taxpayers to foot the bill to defend their unlawful efforts to silence the voices of Maine gun owners,” Commerford said. “To Speaker Fecteau, Senate President Daughtry, and Chair Carney, our message is simple: we will see you in court."
The Maine Gun Safety Coalition gathered signatures for a public vote on the red flag initiative, which seeks to give more power to families to petition a court to have firearms removed from someone deemed dangerous.
The bill came to the Legislature in March and was referred to the Judiciary Committee. But with about two weeks left in the legislative session, no hearing has been scheduled.
Whether there is a hearing or not, voters will decide the issue in November.
It’s one of two citizen initiatives to come before the Legislature this session. The other, a bill to make several changes to election law including requiring photo ID at polling places, had its public hearing before a different committee in early May.
On Monday, Carney and Rep. Amy Kuhn (D-Falmouth), the House chairwoman of the Judiciary Committee, released a statement saying they don’t believe a hearing is necessary because the measure will be on the November ballot.
The Maine Constitution requires the Legislature to pass the bill as presented or send it along to voters.
“Given this constitutional process, we do not believe it is necessary or timely to hold a public hearing or further work on LD 1378 during this legislative session, which we still have hundreds of bills left for the full Legislature to vote on over the next few weeks,” they said.
Republicans say they believe the Democrats don’t want a public hearing on the red flag bill because they don’t want to hear from law enforcement officers who oppose the measure. Gov. Janet Mills has also expressed skepticism about the red flag bill, saying she believes the state’s current yellow flag law is sufficient.
The yellow flag law, which requires police officers to take someone into protective custody for a mental health evaluation before a court hearing, has been used more than 800 times since the law went into effect in 2020.
Most of those instances have been since the October 2023 mass shooting in Lewiston, where a gunman killed 18 at a bowling alley and a bar. Prior to the shooting, the local sheriff’s department failed to execute a yellow flag proceeding, prompting gun control advocates to call for an additional red flag law.
On Thursday, Laura Whitcomb of the Gun Owners of Maine, said they had not yet filed a lawsuit, but that it is “100% in the works.”
“They are in clear violation of the law, and as they are refusing to do the right thing, we will do everything required to ensure the public is protected from anti-rights groups interfering with Maine’s legislative process,” she said.
Also Thursday, Senate Minority Leader Trey Stewart (R-Presque Isle) said he will continue to push for a hearing by introducing joint orders to require Democrats to vote on whether to hold a public hearing.
He said a 2019 law passed by the Legislature allows a committee to forgo a public hearing, but only if two-thirds of the House and Senate agree.
“It doesn’t matter how you break this one down, the Constitution they lose, statute they lose, precedent they lose, our rules they lose,” Stewart said. “There needs to be a hearing.”
Carney and Kuhn said in their statement that they announced two weeks ago that they did not intend to hold a public hearing, and Republican members of the committee did not object.
“When the Legislature adjourns, the bill will expire, and the referendum will move forward so Maine voters can make their voices heard this November,” they said.