Maine Enacts Legislation to Curb Mass Shootings; Critics Argue More Measures Are Needed in Wake of Lewiston Tragedy

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Just four years prior to the devastating shooting spree in Maine—a state known for its strong defense of gun rights—the governor had enacted a law designed to prevent such mass shootings. The incident on Wednesday night resulted in a minimum of 18 fatalities.

The legislation was termed a “yellow flag” law, setting it apart from the “red flag” laws increasingly adopted by other states to confiscate firearms from individuals perceived as dangerous. Reflecting Maine’s commitment to the Second Amendment, the law was even co-authored by a gun-rights organization. Despite this, critics argue that while the law is a preliminary step toward enhanced gun safety, additional measures—such as adopting a red flag law—could further save lives.

The recent massacre has brought renewed focus to Maine’s lenient gun regulations. Authorities have identified the assailant as a man who had been confined to a mental health institution for a fortnight during the previous summer and had conveyed auditory hallucinations and intents to attack a military installation.

It remains uncertain whether the yellow flag law was invoked in this particular case. However, advocates for gun control pointed to the tragedy as evidence of the inadequacy of Maine’s current gun safety legislation.

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Vice President Kamala Harris identified gun violence as the principal cause of death among American children and urged Congress to enact stronger regulations, including universal background checks, a federal red flag law, and prohibitions on assault weapons and high-capacity magazines.

Harris noted, “The dichotomy between preserving Second Amendment rights and implementing rational gun safety laws is a false one.”

Efforts by anti-gun violence organizations to tighten Maine’s gun laws have consistently been thwarted, despite Democratic control of both the legislative and executive branches of the state government.

These groups reiterated their commitment to redouble their advocacy efforts. Cam Shannon, chair of the Maine Gun Safety Coalition, indicated that, at the very least, a prohibition on assault weapons is imperative to prevent future mass shootings.

According to Shannon, elected representatives need to “cease kowtowing to gun lobbyists and squarely confront the realities of the recent tragedy in Maine’s second-largest city.”

Maine is among approximately 20 states permitting permitless carry, meaning that no license is required to conceal a weapon in public. The state has a deeply ingrained culture of gun ownership linked to its long-standing hunting and sports shooting traditions.

Despite the longstanding argument that Maine’s lax gun laws have not led to high levels of violent crime, the recent mass shooting event has ignited fierce criticism. Lynn Ellis of the Maine Gun Safety Coalition described the situation as “exasperating.”

Past failures to bolster Maine’s gun laws include the defeat of a 2016 referendum aimed at expanding background checks and the rejection of legislation to mandate background checks for private gun transactions as well as implement a 72-hour waiting period for purchasing firearms.

Governor Janet Mills, a Democrat, has expressed reservations about some gun control proposals in the past.

In 2019, a proposal for a red flag law was defeated, resulting in the adoption of the yellow flag law, which aimed to prevent suicides while respecting constitutional rights.

Unlike red flag laws, the yellow flag law requires that a medical practitioner first evaluate an individual as a threat before the police can petition a court to confiscate their firearms.

Critics have labeled the law as ineffective and unlikely to be utilized by families who fear traumatizing a relative by having them detained.

Questions linger as to whether the yellow flag law could have prevented the Lewiston tragedy or where the perpetrator acquired the weapon. Additionally, it is unclear whether federal laws prohibiting gun ownership following a formal commitment to a mental health facility were applicable in this case.

Lindsay Nichols, Policy Director at the Giffords Law Center to Prevent Gun Violence, said that there are flaws in the system that allow individuals with dangerous pasts to acquire firearms easily. Yet, she also noted that people with mental illnesses are not more prone to violence compared to those without a diagnosis.

Following the incident, state gun control advocates have begun mobilizing, and Maine’s legislative gun safety caucus convened. Democratic State Representative Kristen Cloutier, a former mayor of Lewiston, described the event as “both unreal and devastating,” reaffirming her commitment to stronger gun control measures.

“This tragedy has only fortified my resolve to take all possible steps to avert such calamities in other communities,” said Cloutier.

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Reported by Whitehurst in Washington, D.C., and Levy in Harrisburg, Pennsylvania.

Frequently Asked Questions (FAQs) about Maine Gun Legislation

More about Maine Gun Legislation

• Maine’s Yellow Flag Law Explained
• Red Flag Laws Across the United States
• Vice President Kamala Harris on Gun Control
• Maine Legislature’s Recent Attempts on Gun Control
• Overview of Permitless Carry States
• Giffords Law Center to Prevent Gun Violence
• Maine Gun Safety Coalition
• Federal Gun Control Legislation
• U.S. Background Check System for Firearm Purchases
• History of Gun Control in Maine