Democratic Gov. Janet Mills on Tuesday used her speech about the state's budget outlook to criticize a gun control proposal that could appear on the November ballot, arguing that the so-called red flag bill will undermine Maine's current law that came under scrutiny following the Lewiston mass shooting.
The governor's remarks came nearly a week after gun control activists submitted signatures to put a red flag bill on the November ballot after repeatedly failing to advance one in the Maine Legislature. That includes a proposal that stalled last year after Mills signaled that she would oppose it.
Their proposal is like extreme risk protection order, or ERPO, laws in 21 other states. It allows family members and police to directly petition a judge to remove weapons from dangerous people.
But Mills views that effort as a threat to the yellow flag law she and a prominent gun rights group crafted six years ago. Unlike other ERPO laws, it requires police to take the person into protective custody and supervise them during a mental health evaluation.
Critics argue family members should be allowed to start the process, but Mills says they shouldn't have that responsibility.
"I believe it's the government's responsibility, not that of a private citizen, to protect the public from gun violence," she said.
The Maine Gun Safety Coalition, the group organizing the red flag ballot initiative, said it was surprised the governor used her budget address to criticize it.
Director Nacole Palmer said Maine's yellow flag law was written by Mills and the gun lobby and failed to stop the Lewiston gunman in 2023.
"Maine communities and families are still reeling from this colossal failure, and we can’t wait until the next tragedy as we tweak our current law bit by bit. Maine voters are clear — it’s time we pass an Extreme Risk Protection Order to empower families to get help when a loved one is in crisis,” Palmer said in a statement.
The governor's handpicked commission investigating the tragedy said the law could have been used and blamed the Sagadahoc County Sheriffs Office for not doing so. She has also highlighted its spike in usage since the Lewiston shooting, arguing that police are more familiar with its mechanics now.
Critics counter that prohibiting family members from petitioning a judge narrows the chances of stopping gun violence. While family members can ask a police officer to consider using Maine's yellow flag law, cops are not required to do so. Few did before Lewiston. The 2019 law was used 81 times before the massacre.
Those arguments are certain to be part of a contentious referendum campaign if the red flag proposal qualifies for the November ballot.
