Will Maine Governor Derail Red-Flag Push?

Last year, Maine lawmakers passed a sweeping anti-gun measure, which included a three-day waiting period that became law because Gov. Janet Mills neither signed nor vetoed it. Mills’ support for various gun control laws raised concern among gun owners and sportsmen across the state, but her veto of a so-called “assault weapons” ban last May offered gun owners some optimism.

Now, it appears that Gov. Mills might be siding with gun rights groups against a growing effort by state Democrats to get a red-flag law referendum put on the statewide ballot, according to a report at mainepublic.org.

During her speech on the state budget on January 30, Mills criticized an effort to push a so-called “red-flag” law through a ballot initiative, saying it would undermine the state’s current “yellow-flag” law, which she sees as sufficient. In fact, Mills vetoed a “red-flag” proposal during the last legislative session.

On January 23, gun control activists in the Pine Tree State submitted more than 80,000 signatures in an effort to get the arguably unconstitutional proposal on the state ballot. The Secretary of State has 30 days from that date to certify the referendum signatures.

In her speech, Mills discussed state actions after a horrible mass murder in Lewiston, Maine, in October 2023 killed 18 people and wounded 13 others. That shooting was the impetus for the newly proposed “red-flag” referendum.

“After the tragedy of October 25 in Lewiston, we established a commission of distinguished experts, as you know, to determine the facts surrounding the horrific event,” Mills said during the budget speech. “Following their report, we authorized an independent after-action review of the law enforcement response as well. That review recommended measures to improve communication and coordination in the event of another such tragedy. We are requesting in the budget some additional positions to meet those recommendations and strengthen our response to future emergencies.”

However, as Mills pointed out, the fault of the shooting didn’t rest on the state’s current law, which is referred to as a “yellow-flag” law, because it is not quite as punitive to innocent gun owners and was updated just last year.

“As an aside, the Lewiston Commission also noted that Maine’s extreme risk protection law, the so-called ‘yellow-flag’ law, could have been used to remove the predator’s gun before that tragedy occurred. And last year, we strengthened that law to clarify and streamline the process further.”

She then directly addressed the gun-ban advocates who had organized the signature drive to get a “red-flag” referendum on the ballot.

“Last week, advocates submitted signatures to force a referendum that would directly undermine our current law,” she said. “This law is not a burden… This law provides due process, and it will survive legal scrutiny. Right now, law enforcement in Maine are taking this law seriously.

“I stand by our current law, which was passed with a near-unanimous support of the legislature. It’s working. It’s saving lives every day.”

Ultimately, it’s unsure whether Gov. Mills’ outspoken opposition to the “red-flag” referendum will be enough to stop the movement in its tracks. But one thing is certain: It sure can’t hurt.