Maine Gunman's Rampage Raises Questions About Effectiveness of State's "Yellow Flag" Law
ICARO Media Group
In a tragic incident that shocked the community of Lewiston, Maine, a US Army reservist went on a shooting rampage, leaving 18 people dead and 13 others injured. The gunman, identified as Robert Card, had exhibited clear signs of deteriorating mental health and had been the subject of multiple reports expressing concerns about his potential for violence.
Maine is the only state in the country with a "yellow flag" law, which is a more relaxed version of the popular red flag laws aimed at preventing firearms access to dangerous individuals. Gun policy experts argue that this law was specifically designed for cases like Card's, as he had displayed a mental health crisis and had been deemed a threat by those who knew him.
However, despite the availability of the yellow flag law, authorities in Maine did not utilize this tool to disarm Card. Instead, they relied on his family members to keep guns away from him, even though their attempts to intervene and communicate with the reservist had proven unsuccessful.
The yellow flag law in Maine allows law enforcement officers to take a person in crisis into protective custody for a medical evaluation. Subsequently, a judge can decide whether to approve an order temporarily removing the person's access to firearms. Unlike red flag laws in other states, in Maine, only law enforcement officers can initiate the yellow flag process by physically taking a person into protective custody.
The additional hurdle in the yellow flag process is the requirement for an agreement between a medical practitioner and the police that the case justifies bringing a petition before a judge. This extra step can prolong the time it takes for firearms restrictions to be imposed in cases where immediate intervention is necessary.
Critics argue that the Maine law falls short compared to the red flag laws in other states. Shannon Frattaroli, a professor of health policy and management, expressed concern about engaging in compromise policies when individuals clearly express their intent to harm others. She emphasized that around 50% of mass shooters indicate their plans before committing atrocities, underscoring the need for more comprehensive legislation such as extreme risk protection order laws.
In Card's case, the US Army had raised concerns about his mental state to local police, but due to the inability to make contact with him, the yellow flag law could not be invoked according to Sheriff Joel Merry. The extent to which Maine's law could have prevented the tragedy remains unknown, but experts suggest that it could have caused a disruption and potentially saved lives.
The shooting rampage has once again sparked a debate about gun laws in Maine. The state does not prohibit a person from purchasing firearms based solely on mental health diagnoses or treatment. Additionally, background checks are not required for all gun purchases, and firearm registration and permits for carrying concealed firearms are also not mandatory.
Following a 48-hour manhunt, Card was found dead from a self-inflicted gunshot wound near a river, bringing an end to the tragic incident.
The devastating events in Lewiston serve as a somber reminder of the importance of comprehensive gun legislation and proactive measures to address individuals in crisis. As the nation debates and reevaluates its gun laws, the effectiveness of state-specific laws like Maine's yellow flag law will continue to be scrutinized to prevent future acts of violence.