Note: this story contains references to gun violence and suicide.
As voters prepare for Election Day, understanding ballot measures and races is a rising priority. Lewiston voters, who vote in Androscoggin County will be deciding two questions, generally referred to as Q1 and Q2 in informational and promotional materials. Briefly, Q2 proposes what is known as a “red flag law,” a gun safety measure. Unlike Q1, which amends existing law, Q2 proposes this policy on top of existing legislation.
Officially titled “An Act to Protect Maine Communities by Enacting the Extreme Risk Protection Order Act,” Question 2 will appear on the ballot as:
“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?”
The initiative is fully outlined in the Maine Citizen’s Guide to the Referendum Election on the State of Secretary’s site.
On Monday, Oct. 20, a reporter for the Maine Monitor Emily Bader and Dr. Michael Rocque, professor of sociology and a criminologist by training, distilled this ballot initiative as part of the Bates 2025 Ballot Referendum Forum in Muskie Archives.
There, Dr Rocque highlighted that gun laws are most often discussed after some sort of extreme violence, such as the 2023 Lewiston shooting. This type of extreme violence has been fairly widespread across the country for years, and led to debates about what exactly the cause is, oftentimes being framed as the gun or the person. While laws range from bans on so-called assault weapons to requiring permits to purchase weapons, discussion around gun violence is centered around individuals’ potential for violence against others, rather than against themselves.
In Maine: Red Flag and Yellow Flag Laws
“Red flag” and “yellow flag” are types of gun safety laws that focus on temporarily removing dangerous weapons from someone with a high likelihood of foreseeable harm to themselves or others. Both these laws are officially named “Extreme Risk Protection Order” (or ERPO). This is because Maine’s current yellow flag law is one of its kind in the U.S., crafted based on the red flag law used elsewhere in the country and renamed from a “Weapons Restricting Law” to an ERPO following the 2023 Lewiston shooting. Because of the significant differences between the two, the terms “red flag” and “yellow flag” are used to distinguish between them.
The Yellow Flag law: As it Stands Now
Maine’s yellow flag law has been in effect since 2020, but drew a lot of attention following the mass shooting in Lewiston on Oct. 25, 2023. Critics attempting to retrospectively understand where the law failed highlighted the yellow flag’s cumbersome process and necessity of follow-through by many distinct individuals and agencies. As reported by Eesha Pendharkar at Maine Morning Star, “The use of the law skyrocketed after the deadly shooting in October 2023, and remains consistently high.” Expanding on the specific figures provided from the Maine attorney general’s office, Pendharkar writes, “Even though the law has been in effect since 2020, it had been used just over 80 times prior to the shooting. Since then, more than 90 law enforcement agencies have utilized it more than 600 times.”
The process of the yellow flag law itself is long, but Bader explained the steps at the 2025 Ballot Referendum Forum:
Upon establishing a likelihood of harm to an individual’s self or others, law enforcement first takes the individual into protective custody, which is usually bringing the individual to the hospital. This does not actually start the order.
This step itself has posed issues in the past in situations with uncooperative individuals, as law enforcement were only granted the ability to apply for a warrant for this situation in August 2024. Prior to this, law enforcement had to “lay eyes” on the individual outside a residence in order to take them into protective custody.
A medical practitioner then conducts a behavioral health assessment to determine the individual’s risk. The process continues only if the practitioner determines the individual poses a “substantial risk in the foreseeable future of serious physical harm” to themselves or others.
Following the health assessment, law enforcement then seeks the order. In court, a judge must sign off on the protection order. Only after the judge signs off on the order can law enforcement temporarily remove weapons.
The Proposed Red Flag Law
If Q2 passes, Maine would have both yellow flag and red flag laws. A red flag law is currently adopted by 21 states nationwide, including Florida, Vermont and Virginia, in addition to DC.
The proposed red flag law creates a new pathway that diverges from the yellow flag on two main points: Both law enforcement and family members can petition to temporarily remove firearms from an individual and they can petition the court directly without additional steps including a medical practitioner.
The red flag law process has fewer steps compared to the yellow flag law.
First, law enforcement or a family or household member starts the process by filing a petition to the court requesting an ERPO on a individual. Next, a judge must sign off on the protection order in court. Then, law enforcement can temporarily remove weapons.
It is worth noting that even in this proposed legislation, which is considered streamlined, filing a petition is a fairly extensive process. Generally speaking, the petitioner must, in a written statement sworn by oath, state facts arguing that the individual poses a significant danger of physical injury to the individual themselves or others through weapons.
This argument must be shown by establishing that the individual has done any of the following: at least attempted to inflict physical injury on another person, given another person reasonable fear of physical injury, presented danger to a person in the individuals’ care, or at least threatened suicide or serious bodily injury to themselves.
The petitioner must also establish what they know of the individual having access to weapons and if domestic violence or intimate partner protections are filed against the individual. Lastly, the petitioner must confirm their understanding that it is a crime to make a false statement under oath to the court.
For further specifics, the initiative is fully outlined in the Maine Citizen’s Guide to the Referendum Election on the State of Secretary’s site.
Research On Red Flag Laws
In the Oct. 20 Ballot Referendum Forum, Rocque highlighted the criminal and social contexts within which voters might consider this question.
Dr. Rocque highlighted that prior to Maine’s yellow flag law, there were practically no laws protecting humans from gun violence, especially when compared to significant hunting regulations. The law itself was framed as a compromise to enable red flag-like protections from gun violence, adding the more stringent test of a medical professional before law enforcement were allowed to petition the court. Voters may find it relevant that while there is some debate about whether red flag laws violate the Constitution, for the most part, these laws have withstood scrutiny in courts.
As reported in the Maine Monitor, “The vast majority of firearm deaths in Maine are suicides.” Additionally, Maine has a high suicide rate. Compared to other states in New England, Bader writes, “only Vermont had a higher rate of gun suicides – and just slightly.”
In discussing current research, Dr. Rocque said red flag laws are “promising” thus far. While there is limited evidence showing an effect on mass violence, it seems red flag laws have a great effect on reducing gun suicides. Maine’s high rates of suicide, and gun suicide in particular, make this a particularly salient point for voters.
Next Steps to Voting
For more information on how to vote, check out The Bates Student’s article on Voting as a Bates student in Lewiston or reach out to Bates Votes at the Harward Center [email protected]). As a nationally-recognized, nonpartisan, student-led voting initiative designed to connect all eligible students to the resources they need to exercise their right to vote, they have also developed the 2025 Bates Voter Guide. You can also check your Election Day polling place via the Maine Voter Information Lookup Service.
