Republican candidate for governor David Jones announced Thursday on Facebook that he is filing a federal lawsuit seeking to overturn Maine’s newly passed “red flag” law.
The law, approved by voters in the November election and recently certified by Gov. Janet Mills (D), has become a flashpoint in the early stages of the 2026 governor’s race. Jones told The Maine Wire that he has retained attorney Steve Smith to handle the case.
The measure creates what is known as an extreme risk protection order (ERPO) process, under which law enforcement officers or certain family or household members can petition a court to temporarily prohibit someone from purchasing, possessing or controlling a firearm if that person is deemed by clear and convincing evidence to pose a significant danger of causing physical injury to themselves or others.
Under the new law, a temporary order may be issued ex parte (or by one side only), pending a full hearing within 14 days; if the court finds the danger persists, an extended order of up to 365 days may be issued. The law was approved via referendum known as Question 2, and it is expected to take effect in early 2026.
In his announcement, Jones said he intends to challenge the constitutionality of the voter-approved measure.
“I’m here today to announce so we will be following a lawsuit in Federal Court to stand up and overturn the red flag law,” Jones said. “Our Maine constitution is very clear. It says our gun rights shall never be questioned…never be questioned.”
Jones added that his challenge is consistent with his past opposition to state policies he says infringe on constitutional rights.
“I stood up to the governor over ranked choice voting. I stood up over her violating our constitutional rights during the during Covid and I’m standing up today because this has to happen and I’ve only begun to fight.”
No additional details on the timing of the lawsuit were immediately available, but Jones told the Maine Wire “more information will be available in the coming days.”
