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What is Maine's 'yellow flag' law? Here's what to know about the state's gun laws

What is Maine's 'yellow flag' law? Here's what to know about the state's gun laws
As Maine grapples with the aftermath of *** mass shooting that claimed the lives of 18 people. Questions remain about the state's yellow flag law that was put into place in 2019 to prevent these types of mass shootings. I don't know whether there was *** report to trigger the yellow flag law. It certainly seems that on the basis of the facts that we use that the yellow flag L should have been triggered. Maine's yellow flag law allows law enforcement to detain someone if they suspect their mental health poses *** threat to themselves or others. The law is different from red flag laws in that it requires *** medical professional to evaluate the person and find them to be *** threat before their firearms can be taken. However, the law is coming under scrutiny following Wednesday's shooting at *** bowling alley and bar. According to authorities, the suspected shooter, 40 year old Robert card spent two weeks in *** mental health facility after reportedly hearing voices and threatening to shoot up *** military base if in fact, um the suspect was hospitalized for two weeks for mental illness that should have triggered uh the yellow flag law ends, he should have been separated from his weapons. It is unclear however, where the suspect got any of the guns he used in the attack or whether or not the yellow flag law should have stopped the suspect in this case.
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Updated: 1:33 PM CDT Oct 27, 2023
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What is Maine's 'yellow flag' law? Here's what to know about the state's gun laws
WMTW logo
Updated: 1:33 PM CDT Oct 27, 2023
Editorial Standards
As residents in Lewiston, Maine, express shock and despair following Wednesday night's mass shootings at a bowling alley and a restaurant, questions are being asked about one of the state's laws signed in 2019 intended to prevent such incidents. Video ab0ve: Maine's 'yellow flag' law explainedFour years before a gunman’s deadly rampage, a law was signed that aimed at preventing a mass shooting like the one Wednesday night that claimed 18 lives.The "yellow flag" law allows law enforcement to detain someone they suspect is mentally ill and poses a threat to themselves or others.The law differs from red flag laws in that it requires police first to get a medical practitioner to evaluate the person and find them to be a threat before police can petition a judge to order the person’s firearms to be seized.As authorities searched for shooting suspect Robert Card, 40, of Bowdoin, details about his recent behavior emerged. Card underwent a mental health evaluation in mid-July after he began acting erratically while with his reserve regiment, a U.S. official told The Associated Press.Video below: Sen. Susan Collins asked why Maine's Yellow Flag law wasn't triggeredA bulletin sent to police across the country after the attack said Card had been committed to a mental health facility for two weeks this past summer after "hearing voices and threats to shoot up" a military base. "I don't know whether there was a report to trigger the yellow flag law," Maine U.S. Senator Susan Collins, a Republican, said."It certainly seems that on the basis of the facts that we have, that the yellow flag should have been triggered," Collins said."If, in fact, the suspect was hospitalized for two weeks for mental illness, that should have triggered the yellow flag law and he should have been separated from his weapons. I'm sure, after the fact, that's going to be looked at very closely."The limited details released by police don’t make it clear whether the yellow flag law should have stopped the suspect in the Lewiston shootings or where he got any guns he used. It’s also not clear whether the suspect’s commitment to a mental health facility triggered a federal restriction against possessing guns.Since the 1960s, federal law and most states have prohibited people from possessing guns if they have been formally committed to a mental health facility, said Lindsay Nichols, policy director at the Giffords Law Center to Prevent Gun Violence.Not everyone who stays at a facility is considered formally committed, though. Formal commitment is a court process that’s usually required to keep someone at a facility longer than about 14 days, she said.The Associated Press contributed to this report.

As residents in Lewiston, Maine, express shock and despair following Wednesday night's mass shootings at a bowling alley and a restaurant, questions are being asked about one of the state's laws signed in 2019 intended to prevent such incidents.

Video ab0ve: Maine's 'yellow flag' law explained

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Four years before a gunman’s deadly rampage, a law was signed that aimed at preventing a mass shooting like the one Wednesday night that claimed 18 lives.

The "yellow flag" law allows law enforcement to detain someone they suspect is mentally ill and poses a threat to themselves or others.

The law differs from red flag laws in that it requires police first to get a medical practitioner to evaluate the person and find them to be a threat before police can petition a judge to order the person’s firearms to be seized.

As authorities searched for shooting suspect Robert Card, 40, of Bowdoin, details about his recent behavior emerged. Card underwent a mental health evaluation in mid-July after he began acting erratically while with his reserve regiment, a U.S. official told The Associated Press.

Video below: Sen. Susan Collins asked why Maine's Yellow Flag law wasn't triggered

A bulletin sent to police across the country after the attack said Card had been committed to a mental health facility for two weeks this past summer after "hearing voices and threats to shoot up" a military base.

"I don't know whether there was a report to trigger the yellow flag law," Maine U.S. Senator Susan Collins, a Republican, said.

"It certainly seems that on the basis of the facts that we have, that the yellow flag should have been triggered," Collins said.

"If, in fact, the suspect was hospitalized for two weeks for mental illness, that should have triggered the yellow flag law and he should have been separated from his weapons. I'm sure, after the fact, that's going to be looked at very closely."

The limited details released by police don’t make it clear whether the yellow flag law should have stopped the suspect in the Lewiston shootings or where he got any guns he used.

It’s also not clear whether the suspect’s commitment to a mental health facility triggered a federal restriction against possessing guns.

Since the 1960s, federal law and most states have prohibited people from possessing guns if they have been formally committed to a mental health facility, said Lindsay Nichols, policy director at the Giffords Law Center to Prevent Gun Violence.

Not everyone who stays at a facility is considered formally committed, though. Formal commitment is a court process that’s usually required to keep someone at a facility longer than about 14 days, she said.

The Associated Press contributed to this report.