Maine to vote on proposed red flag gun law inspired by mass shooting that killed 18

PORTLAND, Maine (AP) — Two years after the deadliest mass shooting in state history, Maine residents are voting on whether to make it easier for family members to petition a court to restrict a potentially dangerous person’s access to guns.

A statewide ballot question Tuesday asks residents if they want to build on the state’s yellow flag law, which allows police officers to initiate a process to keep someone away from firearms. Approval would add Maine to more than 20 states that have a red flag law empowering family members to take the same step.

Gun safety advocates began pushing for a stricter red flag law after 18 people were killed when an Army reservist opened fire at a bowling alley and a bar and grill in Lewiston in October 2023. An independent commission appointed by Maine’s governor later concluded that there were numerous opportunities for intervention by both Army officials and civilian law enforcement.

In the aftermath of the shooting, law enforcement officers testified before the independent commission that they had difficulty implementing the state’s existing yellow flag law, which they described as cumbersome and time-consuming.

Gun control proponents characterized that law as too weak and difficult to implement. The yellow flag law requires police to take the potentially dangerous person into protective custody and hold them for a mental health evaluation.

The campaign in favor of the red flag law released an ad this fall in which Arthur Barnard, father of Lewiston shooting victim Artie Strout, said the stronger law could have saved his son’s life.

“People who are having a mental health crisis need help, not easy access to guns,” Barnard said in the ad. “Maine’s laws were too weak to save my son’s life. Vote ‘Yes on 2’ to change that.”

The red flag proposal has encountered resistance from Republicans, hunting groups, gun rights organizations and some Democrats. Maine is a state with relatively low crime where gun ownership is common, and the state’s laws should reflect that, opponents have said.

Maine Gov. Janet Mills, a Democrat, opposed the ballot question. She said in October that the yellow flag law was “carefully crafted” with Maine in mind, and it remains the right law for the state.

“We found common ground on one of the most controversial issues of our time,” Mills wrote in an opinion piece in the Portland Press Herald. “Question 2 would create a new, separate and confusing process that will undermine the effectiveness of the law and endanger public safety along with it.”

The ballot question campaign came as the legal aftermath of the Lewiston shooting is still unfolding.

The survivors and family members of victims of the deadly shooting have sued the U.S. Army and the Department of Defense, seeking unspecified damages and arguing the U.S. Army could have stopped Robert Card, the reservist, from carrying out the shootings. They also point to a Department of Defense watchdog report issued in September that faults the U.S. Army for a high rate of failure to report violent threats by service members.

The report specifically mentions Card, who died by suicide two days after the shootings. It says failure to consistently report violent threats “could increase the risk of additional violent incidents by service members, such as what occurred with SFC (Sgt. 1st Class) Card.”

Card was in the midst of a mental health spiral that was known to many, and that led to his hospitalization and left him paranoid, delusional and expressing homicidal ideations, attorneys for the victims have said.

Card’s family members and fellow reservists said he had exhibited delusional and paranoid behavior months before the shootings. One fellow reservist said in a text: “I believe he’s going to snap and do a mass shooting.”