AUGUSTA — Supporters of Question 2 on the fall ballot say the 2023 tragedy in Lewiston is driving the need for updated laws to give families another way to have guns removed from those who are dangerous.
But opponents point to the same tragedy in which a gunman killed 18 at a bowling alley and a bar, to say the state has taken steps since the shootings to strengthen existing law to make Mainers safer.
Voters across Maine will decide the “red flag” ballot question starting next week, when early absentee voting options begin at town and city halls in advance of the Nov. 4 election.
The ballot question reads: “Do you want to allow courts to temporarily prohibit a person from having dangerous weapons if law enforcement, family, or household members show that the person poses a significant danger of causing physical injury to themselves or others?”
As it is now, family members must go to law enforcement to initiate the current yellow flag process. The proposed red flag law would give them the power to go to a judge without involving police.
Former federal prosecutor Margaret Groban said prior to the Lewiston mass shooting, family members of the shooter repeatedly asked law enforcement to remove his firearms.
“Question 2 is very important because it addresses the glaring gaps that we saw after the Lewiston tragedy,” she said. “It became very clear after Lewiston that the current law was neither efficient nor responsible in keeping all of us safe.”
Opponents point to statistics that show the current yellow flag law has been used more than 1,000 times since the Lewiston shooting, a dramatic increase. They say it’s working and includes important due process protections for those who are facing the loss of their firearms.
Rep. Jennifer Poirier, R-Skowhegan, said she worries that the wording of the question might be confusing to voters because the yellow flag law works in a similar way.
“The majority are initiated by family members,” she said. “Those family members come to the police with a concern.”
After that, police then take the person into protective custody and get them a mental health evaluation before they go before a judge.
Opponents say that’s an important difference between the current law and what’s on the ballot. They believe that the mandatory mental health evaluation links the person to the help they likely need, Poirier said.
The Sportsman’s Alliance of Maine, which worked with Gov. Janet Mills in 2019 to craft the yellow flag law, is leading opposition efforts. Mills’ too is an opponent, writing in an opinion piece in the Portland Press Herald that involving law enforcement in the process adds a layer of protection for all involved.
“Here’s the bottom line for me, and I say this as someone with decades of experience as a former private attorney, district attorney, attorney general and now, as governor: if there is a potentially dangerous situation, I want the police involved as soon as possible because it’s their responsibility — not yours — to deal with dangerous people,” Mills wrote.
Supporters of Question 2, which include the Maine Gun Safety Coalition, say 21 states and the District of Columbia have red flag laws that protect the rights of gun owners and honor the Second Amendment.
Arthur Barnard, father of Lewiston shooting victim Artie Strout, is one of those who has spoken out in support of the change at the State House and in a video urging voters to support Question 2.
“Maine’s laws were too weak to save my son’s life,” he said in the video. “Vote yes on 2 to change that.”
Groban said after the Lewiston shooting, many Mainers did a “deep dive” to find areas for improvement. To supporters of Question 2, that includes the option of a red flag law.
“That dive shows us that not allowing family members to go directly to court is a problem that needs to be addressed,” she said. “And that we can address that while respecting individuals both due process and Second Amendment rights.”