Maine’s ‘yellow flag’ law is the only one of its kind in the United States. Many states, Massachusetts for example, have ‘red flag’ laws. Both laws are put in place to get guns out of the hands of someone who is an immediate violent threat. ‘Red flag’ laws are more simple; if a gun owner’s relative or roommate is noticing that they are a violent threat, then they can apply for an emergency court order. Once the judge approves the order, the gun owner is forced to temporarily give up their guns and gun license. They are able to go through an appeal process to get them back. As mentioned, the ‘yellow flag’ law is less simple; a relative or officer is able to report to the police if they observe a gun owner being a violent threat. From there, it is in the hands of law enforcement. They can apply for a court order to get the guns and gun license temporarily removed after multiple steps initiated by the police. The person has to be taken into protective custody, undergo a mental evaluation by a doctor, and then it’s up to the medical expert and the police to decide whether or not to apply for that court order.
In the instance of the October 25th shooting in Lewiston, concerned close contacts of the shooter, Robert Card, had contacted law enforcement to report him as a violent threat. The Sagadahoc County Sheriff’s Office reportedly checked on his house as a result of the calls. No further steps were taken to get a mental evaluation or the application for a court order to have his guns taken away. Since being enacted in 2020, the Sagadahoc County Sheriff’s Office has never used the ‘yellow flag’ law.
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