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David Trahan is the executive director of the Sportsman’s Alliance of Maine.
Four years ago, Gov. Janet Mills, attorneys Derek Langhauser for the governor and John Chapman for the Sportsman’s Alliance of Maine, Sen. Lisa Keim, Sen. Mike Carpenter and SAM set aside our political differences and built a law that is designed to help Mainers in what is likely, the most dangerous time in their life.
Using Maine’s protective custody statute, appropriately named to help a person deemed a danger to themselves or others and protect the public, we found a way to not only save lives, but common ground on one of the most controversial bills of our time. So was born the so-called y ellow flag law.
Maine’s law is not a “red flag” law. I believe it is far superior! The Maine law, as I recall Langhauser saying during our meetings, uses the highest levels of due process when considering taking someone’s liberty — clear and convincing evidence. Unlike traditional red flag laws, which use one of the lowest due process standards — the preponderance of evidence. This respect for the Constitution, individual rights and adherence to court precedence was a refreshing and empowering moment.
Supporters of a proposed red flag law claim family members should be able to petition the court to take someone’s guns. First, in this country, we have rights of due process, and there is a presumption of innocence; in addition, under Maine’s new law, many people can initiate a complaint to begin the yellow flag process.
Maine’s law is a government intervention designed to protect an individual in crisis, and that protection is based on actual actions and behavior, not the opinions of family members. Maine’s law is compassionate and preventative by connecting individuals to life-saving services while temporarily separating them from all dangerous weapons, not just firearms.
Red flag laws can be used to take a person’s guns without due process and without their knowledge, potentially leaving them alone with no treatment, possibly enraged and an ongoing threat to themselves, their families and the community. By contrast, Maine’s law utilizes professional medical staff to evaluate their mental state, offers a connection to mental health care services and ensures this work is conducted by trained police officers and the courts to ensure proper treatment, legal representation and the highest level of due process.
In addition, data show that Maine’s yellow flag law is more effective than a red flag law. According to CBS News, Massachusetts has had a red flag law for five years. The Massachusetts law has been used 56 times in five years while courts have only approved petitions 38 times.
Maine’s yellow flag law has already been used 238 times in half the time, in a state with one-fourth the population of Massachusetts.
Maine’s law has likely saved countless lives, reduced police shootings and prevented suicides. Are gun control activists blind or just refuse to accept they were wrong?
I believe Maine’s law needs no improvement or replacement. It was a product of courage, a commitment to saving life and preserving liberty.
In the days and months after the Lewiston shooting, we have learned Maine’s law, if used, may have prevented Robert Card II from murdering 18 people and wounding 13 others. I believe the visionary founders of Maine’s law did their job and did it well. Yet, the Legislature’s Judiciary Committee appears poised to ignore the facts and pass a law designed by out-of-state groups who ignore their own policy failures.
This column is in honor of those who built Maine’s law. People are alive today because of them, and that makes each of them heroes.
