Sen. Matthew Harrington represents District 33, which includes the communities of Alfred, Lebanon, Sanford and Waterboro. He is the assistant Senate Republican leader and serves on the Energy, Utilities and Technology Committee and the Legislative Council. Sen. Harrington also serves as a municipal police officer in York County.

Maine’s law enforcement officers put their lives on the line every day to protect our citizens. From responding to traffic accidents, performing wellness checks or investigating a late-night security alarm or 9-1-1 call, it’s done without question.

Unfortunately, a proposal on this November’s ballot needlessly puts law enforcement — and the general public — at a significantly increased risk of harm.

Question 2, also known as the “red flag” referendum, is dangerous not only because of serious questions about its constitutionality but also because it will place law enforcement and the public in unnecessary life-or-death situations.

Under Maine’s current Extreme Risk Protection Order law, commonly known as the “yellow flag” or “weapons restriction order” process, officers are involved from the start when they are made aware of an individual who may pose a significant threat to themselves or others.

Often stemming from concerning interactions with law enforcement or calls from family members or others, officers check on the individual — increasingly with the assistance of mental health liaisons — to see if probable cause exists to take them into protective custody to receive a mental health assessment.

Since 2024, officers have been able to go even further and petition a court for a warrant to take the individual into protective custody to receive an assessment if they can’t make contact beforehand. This was part of a compromise bill to strengthen aspects of the process that also included funding for regional crisis receiving centers — an initiative that was eliminated in the most recent state budget.

In either case, the intent is to help determine if a threat exists and then provide assistance through an assessment for people in crisis. The seizure of weapons is a consequence of that protective custody process.

The “red flag” proposal flips that dynamic on its head by greatly expanding the petition process to include family members, former spouses and even roommates. There is no mention of assessments or mental health in the referendum’s language because, for its supporters, it is only about taking away weapons without addressing the root cause of the situation. The difficulties around how those weapons will be stored and returned is a subject for another day.

If a red flag order is granted, law enforcement’s first interaction with those believed to be dangerous may be when police show up at the door with a warrant to confiscate their weapons. No discussion. No help. Just seizure.

From my experience, showing up unannounced at a residence to seize property is not a calm situation, much like responding to a domestic assault call. The circumstances leading to that interaction only add fuel to the fire and danger to the situation.

While supporters of this proposal argue it would be another “tool” to be used in addition to our existing laws, that is not the reality. It effectively removes protective custody and mental health assessments from the equation and opens law enforcement up to danger that is both unnecessary and counterproductive. 

Much of these same concerns were raised during the red flag proposal’s public hearing in the Judiciary Committee. Lt. Michael Johnston highlighted the State Police’s opposition, stating, “Under the yellow flag law, we have the opportunity to serve the person in the confines of a hospital and then work with family members on the relinquishment of firearms. Under this proposed bill, we would be going to that residence and serving the order and taking the weapons after a finding of dangerousness.”

“Red flag” as proposed here isn’t about keeping Mainers safe. It’s about checking off a box for out-of-state gun control activists. Maine doesn’t need another reckless law. We need to better utilize and support our already existing and proven yellow flag system that puts due process, public safety and mental health first.