Maine Republicans, gun rights groups try to force hearing on 'red flag' proposal
Jun. 5—AUGUSTA — Republicans and gun rights groups are ramping up pressure on Democrats to hold a public hearing on a so-called red flag proposal that's headed for a statewide vote in November.
Republican lawmakers are accusing the majority of violating state law by refusing to hold the hearing because it will undermine their campaign to pass the law.
If approved by voters, the citizens initiative would make it easier for family members to have firearms temporarily taken away from people who are in crisis and may pose a danger to themselves or others.
Sen. Trey Stewart, R-Presque Isle, said at a press conference Thursday that if Democrats don't reverse course and hold a hearing, Republicans will try to force the issue through a series of floor votes.
And the National Rifle Association said Thursday that it will join a planned lawsuit over legislative Democrats' refusal to hold a public hearing.
Stewart said Senate Republicans plan to offer a flurry of proposals to put Democrats on the record as opposing a chance for the public to weigh in.
"It doesn't matter how you break this one down," Stewart said. "There needs to be a hearing. It's abundantly clear they're in violation of Maine law. Once again, (we're) giving them an opportunity to do the right things here. But if by today that is not the case (and) that has not yet happened, you're going to see a flurry of orders put forward by Republicans in the Senate."
Democrats, who control both chambers and control committees that conduct public hearings, say they don't need to hold a hearing because the question will be decided by voters.
Gun safety groups collected signatures to force a fall referendum on the red flag law, which would allow family members to directly petition a court to temporarily confiscate firearms.
Maine currently has what is known as a yellow flag law, which was negotiated by Gov. Janet Mills, gun rights groups and gun safety groups. It can only be initiated by police and requires a mental health evaluation before a court petition can be filed to confiscate a person's firearms.
A state law requires that a public hearing be held on statewide referendum questions, unless that hearing is waived by a two-thirds vote of the Legislature. And hearings have been routinely held for other referendum questions, including a recent hearing on a referendum to enact a voter ID requirement and additional restrictions on absentee voting.
Lawmakers have three options when receiving a qualified citizens initiative: Enact it without changes, send it to voters, or send it to voters with a competing measure. Democrats have made clear this initiative will be sent to voters without an effort to pass it in the Legislature.
Sen. Anne Carney, D-Cape Elizabeth, who co-chairs the Judiciary Committee, said she believes a state law requiring a hearing conflicts with the state Constitution, which doesn't mention the need for a public hearing. And since lawmakers have signaled they don't plan to enact the proposal, a hearing isn't necessary.
Carney also noted last week that a hearing on a similar red flag proposal was held last session.
But opponents of the referendum are clamoring for a hearing.
The Sportsmen's Alliance of Maine issued an action alert this week, arguing that Democrats don't want to hold a hearing because it will highlight opposition, including from Gov. Janet Mills and other Democratic lawmakers.
Mills came out against a red flag bill proposed last session, but the bill was never brought forward for a floor vote after an hours-long public hearing that drew a divided crowd.
"Under Maine law, all ballot initiatives MUST receive a public hearing before going to the Maine voters," SAM's alert states. "But Judiciary Chairs and Maine Gun Safety Coalition allies are blocking that hearing. Why?
"Because Michael Bloomberg and the progressive gun-control lobby know it could END their campaign. This is because a massive bipartisan coalition of Mainers, including Governor Janet Mills, law enforcement, and lawmakers, will discuss the dangerous and potentially deadly realities of this extreme law."
Aids more Mills did not respond to a question about whether Mills would personally testify before the committee, which would be a rare and dramatic moment, or if her administration would testify on her behalf, which usually occurs.
This story will be updated.
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