The “red flag” law approved by voters in Maine last November is now officially in effect, alongside the “yellow flag” law that’s been on the books for the past six years.
The differences between the two statutes are substantial, and though the “yellow flag” law remains in place it’s not likely to be used nearly as often as it has been. Unlike the new “red flag” law, the “yellow flag” process includes an evaluation by a mental health caregiver. It also limits the filing of petitions to law enforcement, where the “red flag” law allows family members to file an Extreme Risk Protection Order petition directly with a court.
The new “red flag” law does contain a right to counsel, but only for extended ERPOs. If a temporary ERPO is requested, the subject of a petition not only isn’t entitled to an attorney, but may not even be aware that a hearing is taking place.
There were more than 1,000 “yellow flag” petitions filed between 2020 and August, 2025, though the vast majority of them were executed after the mass shooting in Lewiston, Maine in October, 2023. The perpetrator of that attack had documented mental health issues, and could even have been arrested for battery before the shootings, but law enforcement failed to pursue criminal charges, an involuntary commitment, or the “yellow flag” process.
Despite not being used, gun control activists used the shooting to call the “yellow flag” law a failure, and put a “red flag” referendum on the 2025 ballot. The initiative passed easily, but the debate over the new law continues.
“I worry about two things. One is if it is misused for the wrong reasons. For example, in a domestic dispute. The second part is that people really do get due process,” said Charlie Largay, a federal firearms instructor.
Largay said Maine’s yellow flag law, which is the only one in the country, went far enough. He is worried the red flag Law will put law enforcement at risk, and possibly result in the confiscation of weapons from the wrong people. He is in favor of removing a weapon from a person who is a danger to themselves or others, but said the red flag law goes too far.
“It’s a big deal to take away someone’s constitutional right. But if there’s cause, I could live with it,” said Largay.
Those in favor of the law, like Nacole Palmer, believe it will make Mainers safer, especially at home.
“This law will give them not only peace of mind but the ability to take action before a crisis becomes a firearm tragedy,” said Palmer, the executive director of the Maine Gun Safety Coalition.
Palmer added that statements reviewed by a judge prior to issuing an extreme risk protection order, and decisions will be made in a thoughtful way. Palmer said the law is one way Maine can further prevent gun violence.
Virtually everything Palmer described is already a part of the “yellow flag” law. What’s absent, though, is the evaluation by a mental health professional. As Largay pointed out, that provides far more due process than allowing a judge to decide whether someone poses a danger to themselves or others without any input from a psychiatrist or mental health practitioner.
There’s a fundamental problem with both statutes, though; they’re focused on the guns that the respondent may legally own, as opposed to treating the underlying dangerousness of the individual. At least with the “yellow flag” law there’s the potential for an involuntary commitment if someone is suicidal or threatening harm to others. Under the “red flag” statute, the state considers the problem solved if a supposedly dangerous person is stripped of their ability to legally possess a firearm.
So what can we expect from Maine’s “red flag” law taking effect? For starters, use of the “yellow flag” law is going to decline dramatically. Why go through additional steps to take someone’s guns away if you don’t have to?
If the experience of other states holds true, then we can also expect Democrats to expand the “red flag” law going forward. Instead of limiting the filing of petitions to family members and law enforcement, states like California allow teachers, coworkers, and almost anyone who comes in contact with the respondent to file a petition. In Colorado, lawmakers are even working to allow institutions to file for an Extreme Risk Protection Order, though they have yet to explain what that means for the portion of the law that treats filing a false petition as a criminal offense.
If researchers are correct, then for every 17 to 23 “red flag” petitions filed, one suicide will be prevented. What happens in the other 16 to 22 cases, though, is unclear. How many individuals will take their lives by other means, or with a firearm they illegally acquire? How many respondents were never in danger of taking their own life to begin with?
“Red flag” laws are ripe for abuse, and Maine’s new law is no exception. There are much better ways to deal with individuals who pose a threat to themselves or others, but Mainers have chosen a gun-centric approach that will leave truly dangerous individuals able to inflict harm on themselves, their loved ones, and their communities.
Editor’s Note: The mainstream media continues to lie about gun owners and the Second Amendment.
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