Mental health screenings key in ME’s ‘yellow flag’ approach to gun violence prevention
In the wake of the mass shootings in Lewiston, Maine, the state’s unique “yellow flag” law—designed to restrict firearm access for individuals in mental health crisis—has seen a dramatic surge in use, signaling a shift toward more proactive intervention by law enforcement.
Twenty-one states currently have “red flag” laws; these court orders temporarily prohibit individuals deemed to be a danger to themselves or others from purchasing or carrying firearms. Maine’s yellow flag law is unique in that it requires individuals to be taken into protective custody by law enforcement and given a mental health evaluation before confiscation. If a mental health professional determines the person is a threat, law enforcement can then petition for a temporary weapons restriction order.
Maine Attorney General’s Office data reported by The Maine Monitor shows that law enforcement has issued more than 500 weapons restrictions orders in the last 14 months, compared to less than 100 in the three years leading up to the tragedy. It has been used more than 680 times to confiscate weapons.
The yellow flag law in Maine passed overwhelmingly in the legislature, largely because of the mental health assessment component, which differentiates it from other gun control measures, said Debra Baeder, Ph.D, the former chief forensic psychologist for the state of Maine.
Baeder, who served on an independent commission called by the state to investigate the October 25, 2023 Lewiston shootings, said she is not surprised about the uptick in yellow flag implementation. “It’s understandable. Law enforcement became much more proactive about using the law, because no one wants a tragedy on their watch.”
When the law was first passed in 2019, some considered the element of taking individuals into protective custody a cumbersome factor, and how to do it safely and effectively was a learning curve, she said.
For overloaded emergency rooms in hospitals, it was also often difficult to find a licensed mental health professional to do an evaluation in a timely manner. In 2023, the state signed a contract with Portland-based Spurwink, a nonprofit behavioral health provider and crisis center, to do yellow flag evaluations via telehealth. “This made it easier to get evaluations, even in rural areas,” Baeder noted.
A bill to strengthen the law went into effect last year, allowing law enforcement to petition for a protective custody warrant if they can show probable cause that someone is experiencing a mental health crisis and presents a likelihood of doing harm, controls or has access to dangerous weapons, and that reasonable attempts have been made to take the person into custody without a warrant.
Baeder hopes that law enforcement and emergency departments continue to receive additional training on how to properly implement the law. She feels the yellow flag law is effective, adding that it has primarily prevented a lot of suicides by gun violence. Some individuals who have been subject to a yellow flag petition have been involuntarily committed to receive treatment for a mental health crisis, she said.
Maine is the only New England state with a “yellow flag” law. Several states have “red flag” laws:
Connecticut: A family or household member, medical professional, or clinical social worker licensed in Connecticut can make an application to the court for a risk protection order investigation. If probable cause of injury to themselves or another person is found by law enforcement, a search warrant for firearms and deadly weapons is issued. The Connecticut Department of Emergency Services and Public Protection then must revoke any eligibility certification to purchase or carry guns for the individual.
Massachusetts: An Extreme Risk Protection Order (ERPO) can be issued by a judge against a person who has a license to possess or carry a gun and poses a risk of physically hurting themselves or others. Petitions to request an ERPO can be filed by a family or household member.
Rhode Island: RI’s red flag law allows police to seek an ERPO from the Superior Court, based on threats and other warning signs that the person might commit violence to themselves or others. The law requires them to surrender guns in their possession and will invalidate any concealed carry permits. The order is typically in place for a year and violating the order would be a felony.
Vermont: The state has two types of ERPOs: an ex parte ERPO, which lasts up to 14 days, and a final ERPO, which is issued after notice to the respondent and a hearing and lasts up to six months. A State’s Attorney, the Office of the Vermont Attorney General, or a family or household member may petition for an ERPO.
Last year, an effort to enact a red flag law in New Hampshire was voted down in the state Senate. New Hampshire Public Radio reported that Republicans argued the bill would violate a person’s constitutionally protected gun rights and would do little to address the causes of suicide. Centers for Disease Control (CDC) data shows that more than half of all suicide and homicide deaths involve a firearm.