PORTLAND, Maine — In a tragic incident three weeks ago in Lewiston, 18 lives were lost, prompting investigators to revisit the efficacy of the yellow flag law.
This legal measure, designed to prevent individuals deemed a potential threat from acquiring firearms, has seen increased implementation since the incident.
According to the Attorney General's Office, the yellow flag law has been invoked 14 times in the short span of three weeks following the Lewiston shootings.
This marks a significant uptick in its usage compared to the 39 months preceding the incident, during which it was used 81 times across the state. The average rate of two confiscations per month before the tragedy has now surged in the aftermath.
The yellow flag law mandates a dual evaluation process, requiring both a medical professional and a judge to agree on the potential threat posed by an individual before authorizing the police to confiscate their weapons for a year. This approach seeks to balance public safety with individual rights.
Hannah Longley, the clinical director of policy and crisis response for the National Alliance on Mental Illness (NAMI) said, "Really what we know is this the best prevention method to prevent suicide is, restrict access to lethal means to someone experiencing a crisis or in the after math of a crisis."
"Yellow flag or the weapon restriction act is a multi-system approach where it has law enforcement responding to calls in the community to identify and support that individual, completing a risk assessment, deescalating the situation, and then collaborating with mental health or medical providers to get them the help they may need," Longley said.
While Margaret Grobin of the Maine Gun Safety Coalition acknowledged the positive impact of the law, she highlighted its deficiencies, including obstacles to court access and burdens on law enforcement and mental health professionals.
With the legislative session set to resume in January, lawmakers are prepared to consider various reforms. One proposal involves replacing Maine's yellow flag law with a red flag law, signaling a potential shift in approach to address shortcomings and enhance effectiveness.