When voters in Maine head to the polls this November, one of the issues on their ballots will be a referendum to enact a "red flag" law. But Democrats in the Maine legislature are refusing to hold a public hearing on the referendum ahead of time, which appears to be a clear violation of state law. Now Republicans and Second Amendment groups are applying pressure on two fronts to get the Democrats to follow the law.
As we reported earlier this week, the statute in question says ballot initiatives "must be afforded a public hearing conducted by the joint standing committee of the Legislature having jurisdiction over the subject matter of the petition or by a special legislative committee established for that purpose by the Legislative Council", and that the "public hearing must be conducted in the same manner as other public hearings."
That's pretty cut-and-dried, but Democrats are insisting that the statute is somehow in conflict with the state constitution, even though that document is utterly silent on the issue. Apparently Democratic leadership in the legislature is so desperate to avoid public testimony that could sway voters to reject the referendum and keep the state's "yellow flag" law in place that they're willing to circumvent state law with only the flimsiest of excuses as justification.
Which brings us to the latest developments in Augusta:
Sen. Trey Stewart, R-Presque Isle, said at a press conference Thursday that if Democrats don't reverse course and hold a hearing, Republicans will try to force the issue through a series of floor votes.
And the National Rifle Association said Thursday that it will join a planned lawsuit over legislative Democrats' refusal to hold a public hearing.
Stewart said Senate Republicans plan to offer a flurry of proposals to put Democrats on the record as opposing a chance for the public to weigh in.
"It doesn't matter how you break this one down," Stewart said. "There needs to be a hearing. It's abundantly clear they're in violation of Maine law. Once again, (we're) giving them an opportunity to do the right things here. But if by today that is not the case (and) that has not yet happened, you're going to see a flurry of orders put forward by Republicans in the Senate."
The NRA announced today that's teaming up with the Sportsman's Alliance of Maine and Gun Owners of Maine to challenge the legislative inaction in court. NRA-ILA Executive Director John Commerford accuses “progressive Portland politicians" of "forcing taxpayers to foot the bill to defend their unlawful efforts to silence the voices of Maine gun owners."
The NRA is proud to join the Sportsman’s Alliance of Maine and Gun Owners of Maine in a legal challenge demanding a statutorily mandated public hearing on Michael Bloomberg's radical ‘Red Flag’ referendum. To Speaker Fecteau, Senate President Daughtry, and Chair Carney, our message is simple: we will see you in court."
I'm not thrilled that Democrats in the legislature are flagrantly flouting state law to avoid public scrutiny of the 'red flag" proposal, but at the same time I'm always happy to see the enemies of our fundamental civil liberties make tactical errors, which is definitely the case here. By refusing to hold a public hearing as required by state law, Democratic leadership are helping to make the "red flag" referendum an issue months ahead of Election Day, and a time when most voters are paying little attention to state-level politics or things like ballot measures.
This is a gift to opponents of the referendum, who have a golden opportunity to explain to the public exactly what's wrong with the proposal. Under Maine's "yellow flag" law, anyone can ask law enforcement to initiate a petition to temporarily remove someone's firearms, but individuals cannot directly apply to the court for a petition, which helps cut down on actions taken out of revenge or misguided concern. The subject of a "yellow flag" petition must also undergo a mental health evaluation by a health professional, while the "red flag" proposal has no mental health component whatsoever.
Instead, it's up to a judge to decide if someone is a danger to themselves or others, and if so, to remove any firearms from their home and prevent them from legally acquiring one while the "red flag" order is in effect. If someone's truly a danger ot themselves or the community, though, then merely taking away their legally owned guns won't address the problem, as we've seen in places like Boulder and New Orleans this year, where individuals have used Molotov cocktails and pickup trucks to target scores of innocent victims.
I'm not a huge fan of Maine's "yellow flag" law either, to be honest, but it at least offers more due process protections and mental health treatment (including confinement in a mental hospital if necessary) for those who are deemed a danger to themselves or others.
Voters in Maine deserve to weigh in on the "red flag" proposal before Election Day, and if Democrats won't willingly follow the law the courts should compel them to hold a public hearing. While the legal and political battles continue, though, Maine voters should be asking themselves why Democrats are so desperate to avoid any public scrutiny of the "red flag" referendum that they're willing to ignore state statute just to try and keep voters in the dark.
