Maine has reportedly taken a significant turn towards implementing what many have referred to as the most restrictive Red Flag laws throughout the United States. This is a major contrast when compared to its historic reputation built on a thoughtful approach regarding firearms legislation.
Governor’s Firearms Omnibus Bill SP 953 Reshapes Gun Regulation Landscape
The Governor’s Firearms Omnibus Bill SP 953 will reportedly reshape the landscape of gun regulation in the state of Maine. The recent legislative action associated with the bill introduced three key measures that have been pushed into the spotlight.
Multiple reports confirm that the measures were able to squeak their way through the Maine House, which is controlled by the Democratic Party, with a single vote placed on Tuesday.
New Legislation Enforces Mandatory 72-Hour Waiting Period For Firearm Purchases
One of the primary provisions that resulted from this new legislation is the enforcement of a waiting period. It mandates that customers wait 72 hours to finalize a firearm purchase.
There is no stipulation on the specific types of firearms that apply to this new legislation. All firearms would fall under the same umbrella regarding the waiting period.
New Legislation Creates Statewide Ban On Bump Stocks
Another measure implemented by the new legislation is the statewide ban placed on the firearm accessory known as a “bump stock.” The rationale of the actual ban on bump stocks is obviously based on public safety concerns.
However, it has raised questions regarding the overall effectiveness of this type of ban when it comes to the long-term prevention of firearm-related violence.
Bump Stocks Allow The Weapon To Slide Rapidly, Harnessing Kickback Energy
Most people without any knowledge or experience with firearms may not even know what a “bump stock” is or why it matters. A “bump stock” is a controversial replacement of the standard stock that comes with most rifles, which is the part of the firearm that is held directly against the shoulder.
The bump stock is designed to free the weapon up for the person armed with it. It will slide back and forth quickly with ease. Another benefit of the bump stock is that it harnesses the energy from the kickback after firing that the shooter typically experiences.
Bump Stock Design Essentially Converts Firearm To Fully-Automatic Alternative
The most controversial part of the bump stock design is that it essentially converts a firearm into a fully-automatic firearm. The stock “bumps” between the shooter’s trigger finger and shoulder, which allows them to quickly fire at a rapid pace.
The shooter is able to hold their trigger finger in place. At the same time, they are able to keep forward pressure on the barrel while maintaining backward pressure on the actual pistol grip as they fire.
Bump Stocks Were Used During Las Vegas Mass Shooting In 2017
The Las Vegas mass shooting that occurred on October 1, 2017 placed bump stocks in the headlines. Multiple reports confirmed that 12 of the rifles that were used by the gunman during that shooting were fully-equipped with bump stocks.
The gunman used these attachments to enable their semiautomatic rifle to fire faster. He used those firearms from his 32nd floor hotel room to kill 57 people and injure hundreds of others.
Department Of Justice Amended Regulations, Modified Classification Of Bump Stocks
The Department of Justice amended regulations to clarify that the bump stocks were classified under the definition of “machine gun” through federal law. This was confirmed on December 18, 2018, by Acting Attorney General Matthew Whitaker.
The final rule, which went into effect in March of 2019, clarified that the definition of “machine gun” included bump-stock-type devices. This was included within the Gun Control Act (GCA) as well as the National Firearms Act (NFA).
New Bill Requires Background Checks On All Private Gun Sales Advertised
The third provision of the new legislation, which was also sponsored by Democratic Governor Janet Mills, mandates background checks on all private gun gales. This includes those advertise in print or online.
The objective of the measure is to close the presumed loophole that others have criticized within Maine laws. The “loophole” allowed thousands of private guns to be bought and sold throughout the state without conducting any background checks.
New Bill Would Change ‘Yellow Flag’ Gun Confiscation Law As Well
The “yellow flag” gun confiscation law of Maine would also be modified by this new legislation. It would reportedly allow police to take an individual that is deemed potentially dangerous into custody.
Multiple reports confirm that the person may not have even committed a crime at the time of their detention. These changes are the result of the concerns and doubts raised after the Lewiston mass shooting gunman – specifically since his paranoia increased and he still had access to firearms.
Anyone Subject To Red Flag Petition May Be Detained For Mental Health Evaluation
These laws would subject people to a Red Flag petition to detention for a mental health evaluation. This could be done even if there was no confirmed criminal activity committed by the individual in question.
This significant shift proves that the State of Maine is essentially departing from its previously-enforced “Yellow Flag” laws. Those laws were known for offering a balanced approach through the requirement of providing clear and convincing evidence before any type of disarmament could occur.
New Laws Criticized For Erosion Of Due Process Protections
Quite a few critics have expressed their disappointment over the new laws – specifically when it comes to the impact on certain constitutional protections. For instance, some critics argue that these Red Flag laws would erode the protections of due process.
These laws also provide law enforcement officials with the ability to detain individuals simply based on allegations alone without a need for substantial evidence.
Law Enforcement Could Obtain Arrest Warrants For Red Flag Law Noncompliance
The legislation would allow law enforcement officers to seek and obtain arrest warrants to detain anyone that does not comply with Red Flag orders. As a result, this would only enhance the fears and concerns of arbitrary detention and government overreach.
The state’s shift from Yellow Flag to Red Flag laws also highlights the tension that continues to intensify between individual rights and public safety imperatives. The country’s spotlight continues to shine on the Maine’s approach to firearms regulation as the state waits for the governor to sign the bill.
Governor Mills: ‘Violence Is Not A Simple Problem’ And Neither Is The ‘Remedy’
Mills referenced violence and the new changes during her State of the State address in January. She indicated that “violence is not a simple problem and the remedy is not a simple, single measure” to an audience of lawmakers.
She added that “these proposals present progress.” Mills further expressed that they “do not trample on anybody’s rights.”
State of State Address Was Delivered Three Months After Lewiston Shooting
The State of State address was reportedly held nearly three months after the shooting took place in Lewiston, which is the second largest city in Maine. Army reservist Robert Card wounded 13 people and killed 18.
During the address, Mills reportedly read aloud the individual names of each victim. She also recognized law enforcement officers within the gallery.
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