What Maine’s 2025 Red Flag Referendum Could Mean for Gun Laws

Written By dKay in Maine

If you’ll be voting in Maine this November, you’ll notice Ballot Question 2, titled “An Act to Protect Maine Communities by Enacting the Extreme Risk Protection Order Act.” This proposed law is often called a red flag law — and it represents a significant shift from Maine’s current yellow flag system.

The Ballot Question

Here’s how you’ll see it on Election Day:

“Do you want to allow courts to temporarily prohibit a person from having dangerous weapons if law enforcement, family, or household members show that the person poses a significant danger of causing physical injury to themselves or others?”
— Current Citizen Initiatives and People’s Vetoes

Before we look into this in more detail, please note:
This article briefly discusses suicide in the context of Maine’s firearm safety laws.

Yellow Flag vs. Red Flag: What’s the Difference?

Yellow flag law (current system): As it stands today, only the police can initiate action if someone is thought to be a danger to themselves or others and has access to guns or other dangerous weapons. They must first take a person into protective custody and arrange a mental health evaluation before a judge can order firearms removal. Family and household members may raise concerns and ask police to act, but they cannot petition the court themselves.

Red flag law (proposed system): With the new law, family members or household members could file a petition directly in court, without the person needing to be taken into custody or evaluated first. If the judge believes the risk is urgent, they can order the immediate surrender of weapons, with a hearing required within 14 days.

A Quick Example and How the Law Works

Here is an example of how the “yellow flag” and “red flag” process differs:

Yellow flag now: A brother sees his sibling in crisis. He calls the police, but only the police can decide to detain the sibling, order an evaluation, and then seek a court order. Weapons stay in place until that process is complete.

For more details on the steps involved in the process, you can expand the section below.

    1. Reporting a concern: A family member or friend notices a risk and calls the police.

    2. Protective custody: Police decide whether to take the person into protective custody.

    3. Evaluation: A licensed clinician must assess the person’s mental health.

    4. Petition: If the evaluation confirms danger, the police petition the court.

    5. Judicial review: A judge reviews the petition and, if approved, issues a firearm restriction.

    6. Firearm removal: Firearms can only be removed after this process is complete.

Red flag proposed: That same brother could go directly to court. If a judge agrees that it’s urgent, the sibling would have to surrender the weapons immediately, before the full hearing, with a follow-up hearing scheduled within 14 days.

For more details on the steps involved in the process, you can expand the section below.

    1. Filing: A family member, household member, or police officer files an affidavit in court explaining why someone poses a danger.

    2. Emergency order: A judge may issue a short-term order (up to 14 days).

    3. Full hearing: Must take place within 14 days, where both sides can present evidence.

    4. Extended order: If the judge finds that there is an ongoing danger, the order can last up to one year and be renewed.

    5. Surrender: Weapons must be surrendered immediately; if not, police can seek a warrant. If no danger is found at the hearing, weapons are returned.

    6. Accountability: Violating the order is a crime, and knowingly filing a false claim is a serious offense (Class C crime).

    7. Reporting: Courts must track and report the number of petitions filed, granted, renewed, or denied.

For those who want to read the full legal language, you can download the underlying bill in Word format from the Secretary of State’s website here.

How Supporters and Opponents See It

Like most ballot questions, Maine’s red flag proposal has strong voices on both sides. Supporters argue it fills dangerous gaps in the current system and could save lives. Opponents counter that it threatens rights, duplicates existing tools, and doesn’t solve the real problems.

Below is a side-by-side look at the main arguments, so you can see how each side approaches the same issues.

Topic Supporters Say… Opponents Say…
Lewiston Mass Shooting (2023) Showed limits of the yellow flag law; police didn’t act despite warning signs. A clearer red flag law would make intervention easier. The issue wasn’t the law, but failure to enforce it. Focus should be on proper execution of the yellow flag law, not adding another law.
Use of Yellow Flag Use spiked in late 2024, showing police are trying. But the law remains too complex and slow, leaving families without options. The spike shows the law can work when used. Better training and enforcement would strengthen it without replacing it.
Complexity of Process Custody + evaluation + court is cumbersome and delays urgent action. A red flag law streamlines intervention. Complexity is a safeguard. The multiple steps protect rights and prevent rash or mistaken actions.
Suicides 87% (data from 2022) of Maine’s gun deaths are suicides. Removing firearms can prevent deaths when warning signs build over time. Buying days or weeks can save lives. Nearly half of suicide attempts happen within 10 minutes of the decision, and most within an hour. Court petitions take hours or days, so the law won’t stop truly impulsive acts.
Family Role Families often see danger first. ERPOs empower them to act directly rather than relying solely on police. Opening petitions to family invites abuse in disputes. False claims could be used as weapons in custody battles or family conflicts.
Abuse of the System Judges review every petition; false claims are a Class C crime. Courts already handle similar risks with protective orders. The risk is real. Even unfounded petitions can cause hardship and violate rights before a case is resolved.
Public Safety vs. Rights ERPOs are temporary, require judicial review, and allow appeals. They balance individual rights with community safety. Emergency orders let judges remove firearms without the respondent present, undermining due process and Second Amendment rights.
System Burden Maine would join 20+ states with red flag laws, using federal funds and established best practices. Courts already handle protective orders. Police departments already struggle with safe firearm storage. More orders = more strain, without clear evidence of effectiveness.

Weighing the Debate

Both sides of Maine’s red flag debate raise real concerns. Supporters see the proposal as a life-saving tool that could give families and law enforcement a way to step in before tragedy strikes. Opponents worry that it risks abuse, undermines due process, and diverts attention from enforcing the law Maine already has. Ultimately, the question for voters is whether the potential benefits of adding a red flag law outweigh the risks and challenges — or whether strengthening the existing yellow flag system is the better path forward.

Why It Matters in Maine

The debate is intricately influenced by Maine’s distinct realities, highlighting the importance of considering these factors in our discussion.

  • After the Lewiston tragedy, many felt the yellow flag law was too slow and restrictive to prevent violence.

  • Use of Maine’s yellow flag law surged after the Lewiston shooting. For its first three years (2020–2023), it averaged just 2 cases per month. However, by late 2024, police were filing nearly 60 cases per month (58 in October and 59 in November), indicating that they are trying harder to utilize the tool, although many still describe the process as cumbersome.

  • With nearly 45% of adults owning firearms (2007-2016) and Maine having a higher-than-average rate of gun suicides (9.2 per 100,000 vs. 6.9 nationally), advocates say we need a more direct tool.

What’s the Bottom Line?

At its core, this referendum is about how quickly and by whom action can be taken. Maine’s current yellow flag system only lets police act — and only after custody and evaluation. The proposed law would allow family members or law enforcement to petition the court directly, creating a faster path to removing guns from someone considered dangerous temporarily.

  • Supporters say it’s about saving lives before it’s too late—especially when loved ones are in crisis.

  • Opponents worry it erodes rights and might be misused.

What This Means on Election Day

Here's what you'll be deciding when you fill out your ballot this November:

  • A “Yes” vote means you support creating a red flag law, giving family members or police the ability to petition courts to remove firearms from someone considered dangerous temporarily.

  • A “No” vote means you want to keep the current yellow flag law, which leaves the process to law enforcement and requires protective custody plus a mental health evaluation before firearms can be removed.

If you or someone you know is struggling with thoughts of suicide, please call or text 988 in the U.S. for the Suicide & Crisis Lifeline.

dKay in Maine
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