Maine voters have narrowly approved Question 2, a controversial ballot initiative that adds a new “red flag” gun confiscation process alongside the state’s existing “yellow flag” law—making Maine the 22nd state to adopt such legislation.
What the New Law Does
Under the new measure — which exists in addition to Maine’s yellow flag law — family or household members can now petition a judge directly to have someone’s firearms seized if they believe that person poses a danger to themselves or others. The law removes the requirement for a police officer or a mental health professional to first conduct an evaluation before any confiscation order is sought.
Under Maine’s existing yellow flag law, law enforcement must take a person into protective custody and obtain a behavioral health assessment before going to court — a system that remains in place. That system was described by supporters as “carefully crafted” to protect both public safety and due process.
Governor Janet Mills—a Democrat—joined top Republican leaders in opposing Question 2, warning that it “creates confusion” and “puts family members on the front lines of a dangerous situation.”
She told voters, “If there is a potentially dangerous situation, I want the police involved as soon as possible because it’s their responsibility, not yours, to deal with dangerous people.”
Mills also emphasized that Maine’s current system already works, citing over 1,100 successful petitions under the yellow flag law. “Our Maine law is successfully saving lives every day,” she said in September.
The Push Behind the Ballot
The campaign to pass Question 2 gained momentum after the 2023 mass shooting in Lewiston that left 18 people dead. Gun control groups and victims’ families blamed the tragedy on “missed warning signs” and argued that relatives of the gunman, Robert Card, lacked the legal ability to intervene.
“Something has to change,” said Arthur Barnard, whose son, Artie, was among those killed. He told reporters the new law would give families a “shortcut to a judge.”
Gun control advocates, led by groups like the Maine Gun Safety Coalition, hailed the result as a victory. Executive Director Nacole Palmer claimed, “Maine voters have taken the safety of our communities into our own hands by passing common-sense, responsible gun legislation that will save lives.”
Critics Warn of Rights Violations
Opponents—including the No on 2 Coalition, Gun Owners of Maine, and several law enforcement organizations—argue that the new law erodes due process and opens the door to false or malicious petitions. They stress that removing police oversight from the process undermines constitutional protections.
Gun Owners of Maine called the law a “red flag gun confiscation measure” and said in a post-election statement that it would continue to fight for the rights of responsible gun owners.
Even Governor Mills, who often supports firearm restrictions, cautioned that Maine’s previous law struck the right balance between safety and liberty. In her own words: “Question 2 would create a new, separate and confusing process that will undermine the effectiveness of the law and endanger public safety along with it.”
Broader Context
Four other New England states—Vermont, Rhode Island, Massachusetts, and Connecticut—already have similar “red flag” laws. Maine’s new red flag law, set to take effect in January 2026, allows family members to bypass police involvement and petition courts directly, but it does not eliminate the existing yellow flag system, which remains available to law enforcement.
Supporters claim it will prevent suicides and mass shootings. Critics counter that it strips citizens of their rights without the safeguards of arrest, trial, or conviction—an inversion of the American principle of “innocent until proven guilty.”
For many gun owners in Maine, the approval of Question 2 marks a troubling shift away from individual liberty toward a government process that can seize firearms based on accusations rather than crimes.
As the Gun Owners of Maine statement put it plainly: “We thank everyone who voted, donated, and stood up for our rights. The fight for freedom in Maine is far from over.”
This means Maine will now operate with two parallel systems — one initiated by law enforcement under the yellow flag law, and another initiated by family members under the new red flag law.
In answer to the question of whether or not a governor can veto a ballot initiative the answer is generally no. In this particular case the initiative is an indirect amendment of public law, initiated by and authorized by the people via ballot initiative. It holds the same force in law as a bill passed by a legislature and signed by the governor. This is an example of direct democracy at work. Direct democracy is not what our founders envisioned for routine legislation. In many states these initiatives or propositions can be drafted to change the state constitution. When you… Read more »
Does the governor have veto power ? I guess the majority of Maine voters don’t understand due process!
This is a major shift in Maine’s approach to gun laws. While the intention behind Question 2 is clearly to enhance safety, removing law enforcement and mental health professionals from the process raises serious due process concerns. A law that allows family members to directly petition a judge for firearm confiscation could easily be abused without proper oversight. It’ll be interesting to see how this plays out once implemented in 2026.
one more constitution be dammed edict , scotus needs to take a case and rule that DUE PROCESS is not a suggestion it is the law of the land anything that violates law is just trash ,if someone kills people trying to steal guns under color of law that would be justified killing
No due process protections. No penalty for wrongly reporting/swating.