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Does Maine have a red flag law? | Verify

A mass shooting in Maine has revived a conversation about laws that aim to take firearms away from people who might pose a risk to themselves or others.

LEWISTON, Maine — A man shot and killed at least 18 people at a restaurant and a bowling alley in Lewiston, Maine, on Wednesday and then fled into the night, sparking a massive search by hundreds of officers while frightened residents stayed locked in their homes.

A police bulletin identified Robert Card, 40, as a person of interest in the attack that sent panicked bowlers scrambling behind pins when shots rang out around 7 p.m. Card was described as a firearms instructor believed to be in the Army Reserve and assigned to a training facility in Saco, Maine. He was also recently treated at a mental health facility. 

Red flag laws aim to take firearms away from people who may pose a risk to themselves or others.

THE QUESTION:

Does Maine have a red flag law?

THE SOURCES:

Maine State Code
The Office of the Maine Attorney General

THE ANSWER:

No. 

WHAT WE FOUND:

Maine does not have a red flag law. Instead, it's a yellow flag or yellow paper law. It’s a process with more steps than the more assertive red flag laws in some states.

That means they do have “extreme risk protection orders” that can be used for law enforcement officers to remove firearms from the possession of people at risk of using guns to harm themselves or others. But in Maine, it goes into effect “when a law enforcement officer has taken a person into protective custody." That means the person in question must have had a run-in with the law. 

Then, a medical practitioner must “assess whether the person presents a likelihood of foreseeable harm.” And that’s a hindrance, according to The Maine Attorney General’s Deadly Force Review Panel 2022 report. The report pushes for more resources and education around what the law can do.

What about red flag laws in D.C., Maryland, and Virginia? Everywhere in the DMV is covered by a law allowing for an “extreme risk protection order” when there’s concern over how someone might use a gun. More info can be found here.

RELATED: At least 16 dead in Maine mass shooting; police hunt for gunman

RELATED: How 'red flag' laws work in the DMV

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