The WGAN morning news showcased opponents of Red Flag Law ballot question Thursday morning. We will focus on groups that support the Red Flag Law next week and will publish their views at that time.
Mainers will vote next month on a Red Flag Law, which would expand the current Yellow Flag Law to let family members as well as law enforcement ask a judge to restrict access to guns to a person deemed to be a danger to himself or others.
Maine State Police Lieutenant Mike Johnston says the people in question are mostly suffering from a mental health crisis, and the Red Flag Law drops the current requirement for that person to have a medical assessment.
“So now what we’re doing with the red flag, where that medical practitioner piece is missing, then you’re really not addressing the underlying issue that’s causing the problem, which is the mental health suicidal issue,” Johnston said.
Johnston also says the Red Flag Law has a much lower legal standard, which could weaken due process for the person targeted to lose access to weapon.
“So, if a scintilla of evidence over 50% is all you need to show to get a yearlong order, that is far different than the clear and convincing standard that we have under a yellow flag law that is a much higher standard to prevail at a hearing,” said Johnston.
Maine State Police and the state Department of Public Safety strongly oppose the Red Flag Law, which is question 2 on next month’s ballot in Maine
Yellow Flag Law
It’s officially called an Extreme Risk Protection Order and can only be initiated by law enforcement and requires a mental health assessment before any weapons restriction.
It’s designed to handle people in mental health crises or who pose a danger to themselves or others.
The Yellow Flag Law has been used over 1,000 times since its enactment, and while effective, has faced criticism for its complexity and the time it takes to process cases.
Red Flag Law
It would allow family or household members to petition courts directly for a temporary weapons restriction but does not have the requirement for a mental health or medical assessment.
Both laws aim to protect public safety, but the Red Flag Law is seen as a more streamlined and less intrusive process, which may be more effective in preventing harm.
