Red Flags, Sled Dogs and Sears Island: Legislative Scouting Report for April 1st

Secretary of State — and announced gubernatorial candidate — Shenna Bellows has officially notified the House of Representatives that anti-gun activists have now collected enough valid signatures to place the ‘Red Flag’ law on the ballot. The law if enacted by referendum would allow a citizen’s weapons to be seized without any due process.

The notification from the Secretary Bellows appears on the House Calendar for April 1st and will be read into the legislative record as a non-joking matter, despite the date. Extreme Risk Protection Orders (ERPO) or Red Flag laws are part of national push by well-funded anti-gun groups to restrict the Second Amendment. Attempts to pass a similar bill in previous legislative sessions have failed. This could be why the same groups are now taking the issue to the ballot. There they can spend untold millions in attempting to influence votes and control the narrative for Maine voters

Representative Donald Ardell (R-Monticello) sits on the Criminal Justice and Public Safety Committee. Rep. Ardell had a federal firearms license to sell guns for 18 years and is considered a subject matter expert in Augusta. Ardell spent his full-time career in state and federal law enforcement and told The Maine Wire “Red flag laws are a function of ‘big government’, take law enforcement out of the equation and bypass critical due process and civil rights protections of the accused.”

Maine currently has a so called ‘Yellow Flag’ law that institutes due process and a medical evaluation before an individual’s right to keep and bear arms may be suspended. It was passed on a bipartisan level and had Governor Mills support. Testimonials by law enforcement indicate that ‘Yellow Flag’ laws are working.

[RELATED: ‘Red Flag’ Laws Wrong for Maine, Bipartisan Legislators and Sportsman’s Alliance Agree]

The legislature will have the opportunity to pass a bill entitled, “An Act to Protect Maine
Communities by Enacting the Extreme Risk Protection Order Act” that will most likely be heard in the Judiciary or Criminal Justice Committee during the Governor’s extra session. If the legislature does not pass it into law, the same bill will then become the ballot initiative question to be decided by Maine voters.

That ballot initiative campaign will be sure to attract millions of dollars from out-of-state gun control groups eager to curb Mainers’ rights to bear firearms. This happened in 2016 when a well-funded ballot initiative, backed by New York City billionaire Michael Bloomberg, hit voters as Question 3, which would have instituted universal background checks in Maine. Ultimately, Question 3 was defeated by grassroots support from firearms enthusiasts and fish and game clubs all over the state — despite being outspent by a 6 to 1 ratio.

If history does not repeat itself with the ballot question again being defeated, the ‘Red Flag’ ERPO measure will pass into law, and that nascent law may then face litigation. Maine’s state constitution has built in firearms protections under Article 1, Section 16 which states: “Every citizen has a right to keep and bear arms, and this right shall never be questioned.”

Does seizing a citizen’s firearms without due process amount to questioning their right to possess them? That is a question that will need to be settled in the courts. Litigation over the potential new law could even reach Maine’s Supreme Judicial Court. Over the last seven years, Governor Janet Mills has placed six of the seven Justices on Maine’s Supreme Court. Mainers who value their constitutional may now see their right best chance to defeat the ‘Red Flag’ initiative at the ballot box.

The legislature will also consider yet another bill about which animal should be the state mascot during the Governor’s special emergency session. This time it’s a mammal. Republicans, Democrats, and Independents will be debating whether or not to make the Seppala Siberian Sled Dog the Maine State Dog.

The House will also take up LD 226 “An Act to Protect the Cultural Resources and Historical Heritage of Sears Island in Searsport by Extending Conservation Easement Protections.” The bill would put all of Sears Island under a conservation easement. LD 226 was introduced by Representative Reagan Paul (R-Winterport) and her cosponsors include Senator Nichole Grohoski (D-Hancock), Minority Leader Billy Bob Faulkingham (R-Winter Harbor) and Tribal Representative Aaron Dana (Passamaquoddy Tribe).

[RELATED: Rep. Paul Presents Bills to Protect Sears Island from Offshore Wind Development]

The Environment and Natural Resources Committee cast a bipartisan vote of Ought Not to Pass with only Senator Joseph Martin (R-Oxford) and Representative Mike Soboleski (R-Phillips) voting for it. This will most likely lead to a colorful floor debate with members not voting along party lines.

The Senate will cover appointments to various state boards and committees and there are no divided reports on the docket. With a light calendar tomorrow, the Senate should be done well in advance of the start of legislative committees at 1 pm.

The Maine Wire will be following all the action under the dome tomorrow. Follow us on X and Facebook for the latest breaking updates throughout the day.