Vote NO on 2 - Maine Department of Public Safety Opposes Red Flag Laws
- dsk1000
- Oct 1, 2025
- 2 min read
Red Flag laws—also known as Extreme Risk Protection Orders (ERPOs)—allow courts to temporarily confiscate firearms from individuals deemed a threat to themselves or others. While framed as a public safety measure, they undermine constitutional rights and create enforcement dilemmas.
Read More at: Maine Department of Public Safety Opposes Red Flag Laws
Video Testimony: Maine State Police
Constitutional and Civil Liberties Concerns
Due Process Violations: ERPOs often allow firearm confiscation before the accused has a chance to appear in court. Critics argue this flips the presumption of innocence and denies basic legal protections.
Vague Standards: Terms like “significant danger” or “threat” are subjective and open to interpretation, risking misuse or abuse by biased petitioners or politicized courts.
Weaponization of Family Disputes: Allowing family or household members to initiate ERPOs can turn personal grievances into legal actions, especially in contentious divorces or custody battles.
Second Amendment Infringement: Pro-gun advocates argue that ERPOs punish individuals without criminal charges or convictions, violating the right to keep and bear arms.
Law Enforcement Perspective
Many in law enforcement express concern about the practical and ethical challenges of enforcing Red Flag laws:
Enforcement Risks: Serving ERPOs can escalate tensions, especially if the individual is unaware of the order or feels unjustly targeted. Officers may face armed resistance or volatile confrontations.
Resource Strain: Tracking, serving, and enforcing ERPOs requires significant manpower, diverting resources from other public safety priorities.
Lack of Mental Health Infrastructure: Officers often note that removing firearms doesn’t address underlying mental health issues. Without follow-up care, the individual may remain a danger—with or without a gun.
Community Trust: Confiscating firearms from law-abiding citizens—especially without a criminal charge—can erode trust between police and the communities they serve.
Alternative Approaches Favored by Critics
Current Maine Law: “Yellow Flag” Laws: Maine’s existing law requires a medical evaluation and law enforcement involvement before firearms can be seized—seen as a more balanced approach.
Voluntary Safeguards: Some advocate for voluntary gun storage programs or mental health interventions that respect individual rights.
Criminal Due Process: Critics argue that if someone is truly dangerous, they should be charged with a crime—not subjected to civil orders that bypass constitutional protections.
