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This year’s statewide ballot Question 2, also known as a red flag law, will not replace the existing yellow flag law. Question 2 would give a second legal option for families trying to prevent a loved one from harming themselves or others. Families are not legally bound to use the red flag law or the yellow flag law.
Question 2 would allow a family, household member or law enforcement to directly petition the courts — the same process used for temporary restraining orders. The court may rule that firearms be temporarily removed, but the defendant is not arrested, and can appeal the judgment.
The existing yellow flag law requires police to put defendants in temporary protective custody until a medical evaluation is obtained, and the defendant must be diagnosed with a “mental illness” to have any weapons removed. Experiencing a mental health crisis is different from having a mental illness. I wouldn’t ask police to arrest a suicidal family member.
Question 2 gives families a faster way to get firearms legally removed, and families are often the first to know whether a loved one is a threat to themselves or others. For months prior to the Lewiston mass shooting, Robert Card’s family essentially followed the yellow flag process — and it was a tragic failure.
Many who oppose Question 2 say it is unnecessary and would create confusion. Respect the intelligence of Mainers to make informed decisions and our right to have choice.
I urge readers to vote “yes” on Question 2.
Rachel Herbener
Northport
Election notice: The BDN will stop accepting letters and columns related to the Nov. 4 election on Wednesday, Oct. 29. Not all submissions can be published.
