AUGUSTA, Maine — David Trahan of the Sportsmen’s Alliance of Maine says it is a breakthrough in the long political battle over gun rights versus gun control.
Trahan and Governor Janet Mills, in partnership with two Senators, worked to develop a compromise alternative to the controversial “red flag” bill that deals with guns and mental illness.
Details of the proposal are just coming out this week. The original red flag bill was designed to deal with the consistent problem of people with mental illness becoming violent and using firearms to hurt themselves or others.
The red flag bill creates a way to take guns away from people in mental health crisis. However, it became a target for gun rights advocates, who say that proposal denied the person due process before taking guns, and argued that it violated Constitutional rights.
The new, alternative bill, drafted by lawyers for the Governor and SAM, with help from Sen. Michael Carpenter (D-Houlton), a former Attorney General, and Sen. Lisa Keim (R-Dixfield) . It uses an existing state law that lets police officers take a person with mental illness into protective custody if there is concern they pose a threat.
The bill would have a doctor and a mental health professional examine the person as quickly as possible and make a determination if they did, in fact, pose a threat. If so, they would be told to hand over any weapons for 14 days.
During that time, a court hearing would be held, with state-provided legal counsel for the person affected. That hearing would determine what should happen next, including when the person could get their weapons returned. There would also be a requirement for a mental health treatment plan for the individual.
Sen. Keim says the new bill should address the concerns of most gun rights advocates.
“Since we have due process,” Keim says, “I don’t think there will be people there saying you are taking away our constitutional freedoms, because we are not.”
Trahan said the working relationship he has developed with Gov. Mills made the negotiation possible. He also told NEWS CENTER Maine he consulted with both gun rights and gun control groups during the process, to ensure their ideas were considered.
“People on both sides of these issues, whether gun control advocates or gun rights advocates, we all want our community to be safe. We all want our kids to be safe,” Trahan said.
Trahan said SAM will support the new bill, and believes the NRA and Gun Owners of Maine may be willing to take a “neither for nor against” position when it goes to public hearing. He also said there may be opportunity for negotiation with the Governor’ on other gun issues, including aspects of background check requirements.
On Tuesday, Sen. Carpenter said he believes the compromise bill can help save lives.
The new bill still needs a full public hearing and votes in the House and Senate, which they hope will happen before the Legislature adjourns June 30.