Lewiston, Maine — In the aftermath of Maine’s deadliest mass shooting, law enforcement officials have significantly increased the use of the state’s yellow flag law, aiming to prevent further tragedies by removing weapons from individuals deemed threats to themselves or others. Since the law came into effect in 2020, its application saw a dramatic rise following the horrific events at a local bar and bowling alley on Oct. 25, 2023, where 18 lives were tragically lost.
From the inception of the law until the day prior to the mass shooting, police had utilized the provision approximately 81 times. However, the frequency escalated dramatically in the following year, with police invoking the law 412 times up until Oct. 22, 2023. The average interventions rose from roughly five per month before the shooting to 34 per month afterward. September recorded the highest monthly utilization to date, with 50 cases.
Ben Strick, a senior official at Spurwink, a non-profit that assists in the 24-hour telehealth screenings which are part of the yellow flag process, remarked on the severity of the situations saying, “These continue to be scary incidents.” He expressed a cautious hope that the law might have prevented further suicides, homicides, or deadly-force incidents.
Maine stands alone with its yellow flag law, while 21 other states have enacted red flag laws which allow easier temporary removal of weapons from individuals deemed dangerous. The discussion in Maine has intensified around shifting to a red flag law, which many advocates believe would be more effective. However, supporters, including the administration of Governor Janet Mills, contend that the existing law is adequate.
Following the Lewiston shooting, the assailant, Robert Card, who had a history of severe mental illness, killed himself. Prior to the tragedy, he had been hospitalized after making threats of violence in New York. This incident highlighted gaps in existing enforcement and prompted updates to the law this spring, simplifying the usage for law enforcement, courts, and mental health professionals.
The updates to the yellow flag law now allow a longer period—the extension from 14 to 30 days—to hold a judicial hearing which helps “to not work in such a frantic way,” according to Sgt. Everett Allen of the Sanford Police Department’s mental health unit. Additionally, mental health evaluations can utilize third-party information, enhancing the thoroughness of assessments.
Despite these improvements, critics such as Margaret Groban of the Maine Gun Safety Coalition, argue that the process remains cumbersome compared to other states’ red flag laws, which do not require a preliminary mental health evaluation. The coalition, pushing for legislative reevaluation, plans to collect signatures to present this issue directly to voters.
Furthermore, this increase in the yellow flag law’s use speaks to a growing familiarity and robust application by law enforcement across Maine, as noted by Sanford police Maj. Mark Dyer, indicating a state-wide commitment to leveraging this tool to enhance public safety.
Vice President Kamala Harris, recognizing the gravity of such incidents, has advocated for national legislation on gun reform that would include red flag laws, reflecting a broader national conversation about gun safety and community protection.
Ultimately, while debates continue over the best approach to preventive interventions against gun violence, the significant usage and evolving understanding of Maine’s yellow flag law underscore an active pursuit of strategies to mitigate such threats.
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