PORTLAND, Maine — Maine’s new “red flag” gun law took effect Saturday, creating a broader legal pathway for temporarily removing firearms from people deemed a danger to themselves or others and marking a significant shift from the state’s existing “yellow flag” system.
The law, approved by voters in November 2025, allows family and household members, in addition to law enforcement, to petition a court directly for an Extreme Risk Protection Order, or ERPO. If a judge finds sufficient evidence that a person poses a significant risk of causing physical injury, the court can order the temporary surrender of firearms and prohibit new purchases for a defined period.
The measure adds a new civil court process that operates alongside Maine’s current “yellow flag” law, which remains in effect.
Under the yellow flag law, only law enforcement can initiate the process. Police must first take a person into protective custody and obtain a medical evaluation determining that the individual presents a likelihood of foreseeable harm before seeking a court order to restrict firearm access.
Supporters of the new red flag law argued that the yellow flag process was too limited and could delay intervention because it requires both police custody and a medical assessment before firearms can be removed.
The new red flag law removes those requirements. Family members and household members may file a petition in court without first involving a mental health evaluation or placing the person in custody. Law enforcement can also file petitions under the new system.
Judges may issue temporary emergency orders lasting up to 14 days before holding a full hearing. After a hearing, a court may impose a longer-term order, typically lasting up to one year, with the possibility of renewal if the risk continues.
Law enforcement agencies will be responsible for serving the orders and ensuring firearms are surrendered when required.
The new law was enacted following a citizen initiative campaign that gained momentum after Maine’s 2023 mass shooting in Lewiston. Advocates said expanding access to court intervention could help prevent suicides and acts of violence by allowing families to act more quickly when warning signs appear.
Opponents raised concerns about potential impacts on Second Amendment rights and due process protections, arguing that the law allows firearms to be removed without a prior mental health evaluation or criminal charge.
Both systems, red flag and yellow flag, will now operate in Maine, giving courts and police multiple tools depending on the circumstances. The yellow flag law continues to apply when someone is taken into protective custody and evaluated by a medical professional, while the red flag law provides a separate court-driven process that can be initiated by family members.
As the new law takes effect, police departments and courts are preparing to implement procedures under the expanded framework. Officials say the practical impact will depend on how frequently the new petitions are filed and how the courts apply the standard of significant risk.
The change makes Maine one of several states that allow family members to seek court orders to temporarily restrict firearm access in situations involving credible threats of harm.
