Maine's Democratic governor took a swipe at gun control advocates during her state of the state address on Tuesday, declaring that a referendum to create a "red flag" gun seizure law would undermine public safety. 

Gov. Janet Mills defended the state's existing "yellow flag" law, arguing that it's much more effective and legally sound than the Extreme Risk Protection Order statute proposed by the Maine Gun Safety Coalition. 

After the tragedy of October 25th in Lewiston, we established a commission of distinguished experts to determine the facts surrounding that horrific event. Following their report, we authorized an independent after-action review of the law enforcement response.That review recommended measures to improve communications and coordination in the event of another such tragedy. We are requesting additional positions in the budget to meet those recommendations and to strengthen our response to future emergencies.

As an aside, the Lewiston Commission also noted that Maine’s Extreme Risk Protection Order, or so-called “Yellow Flag” Law, could have been used to remove the perpetrator’s guns before that tragedy occurred. Last year we strengthened this law to clarify and streamline the process further. Last week, advocates submitted signatures to force a referendum that would directly undermine our current law. Opponents of our current law argue: 1) that family members should be allowed to petition the court for removal of a weapon, not just law enforcement, and 2) that a mental health assessment is not necessary and that it stigmatizes people with mental health issues.

Mills said that while she agrees that not everyone with mental health issues are violent, the "yellow flag" law "simply asks a medical provider to understand a person’s frame of mind and determine whether the person poses a threat to themselves or others." 

This law is not a burden. These are folks who are in crisis and who, thanks to the mental health assessment, are also now being connected – perhaps for the first time – to Maine’s mental health system.

I can't say I'm a big fan of the "yellow flag" law either, but it is at least a better approach than the typical "red flag" law, which has no mental health component whatsoever. Maine's law requires a mental health evaluation from a healthcare professional instead of leaving it up to a judge to decide if someone is a danger to themselves or others, and if that determination is made there's an opportunity for treatment. 

Mills went on to say that allowing private citizens to initiate the Extreme Risk Protection Order process forces them to deal with a "complex and confusing court procedure by themselves, especially in the middle of already difficult circumstances."

It is the government’s responsibility, not that of a private citizen, to protect the public from gun violence. Law enforcement officers across Maine are taking this law seriously, have been trained, and are using the law on a daily basis to remove firearms from those who should not have them – 672 times total as of yesterday. 

As York County Sheriff William King put it, “People are getting used to it. Spurwink put out a step-by-step process that’s awesome for us, and very clear about what to do and when to do it. It’s becoming easier for us to implement the law.” 

I stand by our current law. It was passed with the near unanimous support of the legislature. It is working. It is saving lives every day.

I happen to think that the additional mental health resources approved by lawmakers last year are far more important than the "yellow flag" law touted by Mills, but it's still very interesting that the governor is publicly rebuking the gun control activists who are hoping to enshrine a "red flag" statute into law through the referendum process, especially in a such a high profile setting. 

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 "yellow flag" law could have been used by police, but it wasn't. That doesn't mean a "red flag" law would be an improvement. Heck, law enforcement in New York could have invoked that state's "red flag" law when the Lewiston killer was admitted to a hospital for mental health treatment months before the attack, but they didn't take that step either. 

There were multiple opportunities to intervene in the months before the attack in Lewiston. Using those failures to enact a "red flag" law is despicable, but it's clearly going to be the strategy deployed by anti-gunners between now and November.