Gun rights groups are vowing to file a lawsuit unless Democratic lawmakers hold a public hearing on a ballot initiative proposing a “red flag” law in Maine.
Republican lawmakers and representatives of three gun owners’ rights groups are accusing Democratic legislators of blatantly ignoring a state law that requires the Legislature to hold public hearings on citizen-initiated ballot questions. This fall, Maine residents will likely vote on a “red flag” ballot question that would allow family members to directly petition a judge to force dangerous individuals to temporarily relinquish their guns.
The Democratic co-chairs of the Judiciary Committee said Maine’s Constitution doesn’t require a public hearing — and the Constitution supersedes state law. But the decision to forgo a public hearing isn’t sitting well with gun rights groups, who believe a high-profile public hearing will expose bipartisan opposition to a red flag law.
David Trahan, a former state lawmaker who now leads the Sportsman’s Alliance of Maine, said his group, the National Rifle Association and the organization Gun Owners of Maine are ready to challenge that decision in court.
“The Legislature passed this statute. It’s in law,” Trahan said. “And what she’s basically saying is the chairs of the committee don’t have to follow the law. And sorry, but they do. So we’ll see what the court has to say.”
Trahan is referring to Sen. Anne Carney, a Cape Elizabeth Democrat who co-chairs the Judiciary Committee. Carney and fellow co-chair, Democratic Rep. Amy Kuhn of Falmouth, said in a statement that their decision to take no action on the bill, LD 1378, means it will go 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, while we still have hundreds of bills left for the full Legislature to vote on over the next few weeks,” Carney and Kuhn said. “We believe the best and most direct way to hear from the public on this issue is through the referendum process, where every Maine voter will have a say.”
Nacole Palmer, executive director of the Maine Gun Safety Coalition, said the “extreme risk protection order” proposed in the ballot initiative enjoys broad public support.
“Gun lobby backed politicians in Augusta are clearly just trying to use this life-saving policy as a means to score political points,” Palmer said in a statement. “But regardless we welcome a public debate any time, anywhere, and would remind them that a majority of Mainers support this common-sense tool that empowers family members to get help when a loved one is in danger and may pose a threat to themselves or others. Over the next five months, we’ll be having that conversation publicly, and in November voters will get the chance to weigh in.”
But Trahan accused the ballot initiative’s backers of trying to prevent the opposition from voicing their concerns.
“They are going to buy up the airwaves and they are going to dictate the messaging. We are going to be lucky to get on TV. They know that. They know that’s their advantage. So having a public hearing allows the police and others to come in and give their position on our existing yellow flag law and the problems they see with the red flag law.”
Maine currently has a “yellow flag” law that only allows police, not family members, to begin the gun confiscation process. Police have utilized the yellow flag process more than 800 times since 2020 to attempt to temporarily seize the guns of potentially dangerous individuals. Most of those cases involve potentially suicidal individuals. Usage of the law has exploded since the October 2023 mass shooting in Lewiston that left 18 people dead.
This article appears through a media partnership with Maine Public.
