AUGUSTA — A Republican effort to repeal a ban on paramilitary activities in Maine narrowly failed in the House of Representatives on Tuesday.
The repeal effort, led by Rep. James White, a Guilford Republican and firearms dealer, failed by only two votes, 74-72, with four members absent and one lawmaker, Rep. Laurel Libby, R-Auburn, not allowed to vote because of her censure.
Last year, lawmakers enacted a statewide ban on paramilitary activity following news reports of a neo-Nazi group trying to set up a training camp in Maine. The law prohibits two or more people from training with guns, explosives and other tactics with the expressed aim of committing violence in the future.
White argued that the bill should be repealed because it gives the attorney general too much discretion to prosecute people.
“It has nothing to do with hate crimes with any individual group or all groups,” White said. “It has totally to do with one individual’s perception about what two other individuals are planning to do in the future, and it’s just wrong to have a law on the books that gives anyone that kind of authority.”
But Democrats defended the ban, saying the attorney general already has discretion to prosecute all manner of laws.
“We don’t need violent extremism of any kind in Maine,” said Rep. Tavis Hasenfus, D-Readfield. “Maine must affirm and loudly proclaim that this state will not tolerate violence of any kind, especially not large-scale political violence to harm property or harm individuals.”
The repeal effort illustrates the tight margins in the House, where Democrats have a narrow three-seat majority. One Democrat, Rep. David Sinclair of Bath, and two independents, Reps. William Pluecker of Warren and Sharon Frost of Belgrade, voted with Republicans, who had three members absent.
Arguments for and against the bill mirrored last year’s debate, when the ban, proposed by Rep. Laurie Osher, D-Orono, passed by a single vote in the House, before easily clearing the Senate and being signed by Gov. Janet Mills.
The law allows the attorney general’s office to file for a court injunction to stop such activity and breaking the law would be a Class D crime, which carries fines of $500 to $1,000 and up to a year in jail.
A violation occurs when two or more people gather to conduct training with the explicit aim of causing “civil disorder,” defined as “any public disturbance involving an act of violence by a group of two or more persons that causes an immediate danger of injury to another person or damage to the property of another person or results in injury to another person or damage to the property of another person.”
That bill was a response to a prominent neo-Nazi‘s announcement — later canceled — of plans to build a training camp for white supremacists in the rural northern Maine town of Springfield. Attorney General Aaron Frey told lawmakers that Maine laws did not at the time allow authorities to take any preemptive action to prevent that from happening.
Republicans contended that the bill infringes on the constitutional right to bear arms and to freely associate. They also said the bill gives too much discretion to the attorney general. But Democrats argued that the attorney general’s office would have to prove its case beyond a reasonable doubt.
The bill heads to the 35-seat Senate, where Democrats hold a larger, five-seat majority.
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