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Maine lawmakers, activists debate new gun control law nearly six months after 2023’s deadliest shooting

Proposed law could make it easier for state courts to temporarily remove individual’s access to firearms if they may harm themselves or others

Katie Hawkinson
Monday 08 April 2024 15:09 EDT
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Related video: President Joe Biden tells Lewiston ‘you are not alone’ after mass shooting

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Maine lawmakers and activists are hotly debating legislation that could have prevented the deadliest mass shooting of 2023.

On Friday, a town hall debate in Augusta, Maine stretched for hours as lawmakers and citizens contemplated a proposed “red flag” gun law, the Associated Press reports. The proposed legislation would allow family members and law enforcement to file a crisis intervention order for gun owners they believe could harm themselves or others.

Maine gun control advocates attend a rally for gun safety in January 2024 in Augusta, Maine. Now, lawmakers and activists are debating the merits of a ‘red flag’ gun law
Maine gun control advocates attend a rally for gun safety in January 2024 in Augusta, Maine. Now, lawmakers and activists are debating the merits of a ‘red flag’ gun law (AFP via Getty Images)

This could apply to gun owners that family or police officers believe have attempted to harm someone, have caused someone to fear harm, have placed someone in their care in danger or threatened to harm themselves. Orders would require a court hearing within two weeks and could be handed down in hours if there is an imminent threat.

Once the order is approved, the gun owner would not be allowed to possess or buy a firearm. The order can last for a year.

The debate comes almost six months after US military veteran Robert Card committed the deadliest mass shooting of 2023, killing 18 people in Lewiston, Maine on 25 October. Police later found Card dead by suicide.

In the months leading up to the murders, Card’s family and US military officials raised alarms about his increasing paranoia and aggressive behaviour. Yet, he was never taken into protective custody or given the mental health evaluation needed to trigger Maine’s yellow flag law.

Maine currently has a “yellow flag” law in place, the only one of its kind in the country.

Robert Card, pictured, killed 18 people in Lewiston, Maine after his family and military officials raised alarms about his concerning behaviour
Robert Card, pictured, killed 18 people in Lewiston, Maine after his family and military officials raised alarms about his concerning behaviour (AP)

Unlike the proposed legislation, Maine’s current law does not allow family members to file for a crisis intervention order and police are required to take the individual in question into custody before moving forward. Police then can choose to ask a judge to temporarily halt the person’s access to firearms.

Gun rights activists in Maine spoke out against the law on Friday, claiming the current yellow flag law could have prevented Card’s mass shooting if police used it, Maine Public Radio reports. Meanwhile, supporters argued that the law would have given Card’s family the ability to take further action on their concerns ahead of the shooting.

Lawmakers in 21 states and Washington, DC have already adopted red flag laws. While the specifics differ state-by-state, the laws typically allow those close to the person in question to apply for an emergency order against them. If a judge approves it, they lose access to their firearms.

If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch.

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