I took the day off work recently to drive up to Augusta and attend a Maine legislative hearing on the red flag bill because I feel strongly that it will save lives.
The bill, L.D. 1312, would give law enforcement and family members the ability to file an emergency petition for temporary removal of firearms from a person in crisis. Because suicidal tendencies can be fleeting, and because abuse tends to be deadly when a gun is involved, the bill will likely reduce Maine’s suicide and domestic-violence homicide rates.
The main argument I heard from opponents at the hearing is that the bill bypasses due process, but in actuality the bill contains robust due process protections. Only a judge can order the emergency order, and only with clear evidence that the person is an immediate risk to themselves or others. Then the court must hold a hearing within 14 days. Furthermore, false petitioning, like by a vengeful ex, is punishable as a felony.
Opponents were also concerned that the bill would infringe upon Mainers’ constitutional right to own firearms, but this is misplaced. Just as the right to free speech is protected despite limits on dangerous free speech, like falsely shouting “fire” in a crowded theater, gun rights are protected under a red flag law, which would help prevent gun tragedies like gun suicides and mass shootings before they happen.
I am grateful to my state senator, Eloise Vitelli, for supporting this life-saving bill which also protects Mainers’ rights. I hope my representative, Sean Paulhus, also will support L.D. 1312.
Lisa Ledwidge
Bath
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