Question 2 - An Act to Protect Maine Communities by Enacting the Extreme Risk Protection Order Act
BALLOT LANGUAGE
WHAT IT MEANS
Yes
No
ARGUMENTS FOR AND AGAINST
Yes
“ERPOs empower family members to directly petition a court when a loved one is in crisis and may pose a threat to themselves or others. Through due process, a judge can temporarily limit someone’s access to deadly weapons... Under an ERPO law, both family members and law enforcement have more tools to intervene quickly before a crisis becomes a tragedy.
In the case of the Lewiston tragedy, multiple people close to the would-be shooter warned he may pose a threat but none of those warnings resulted in action, which the Lewiston Commission report attributed to Maine’s burdensome, slow, and inefficient ‘yellow flag’ law.
Firearms are now the leading cause of death for American children and teens. ERPO laws exist in 21 other states and Washington, D.C., where they’ve been used effectively to disarm people who have threatened mass shootings, including school shootings. Additionally, ERPOs have been proven effective in reducing incidents of suicide...” - Safe Schools Safe Communities
"As mass shootings continue to occur with frequency, 21 states have enacted extreme risk protection orders. Maine has a high rate of suicide by gun, and now a mass shooting in Lewiston. Maine needs to have stronger options available to those concerned for their loved ones...
Having the ability to take timely action when warning signs appear is critical for saving lives, especially when firearms are involved...
Extreme risk protection orders (ERPO’s), also known as red flag laws, are an effective means to de-escalate an emergency and save lives. They allow law enforcement officers, after a petition by loved ones and an evidentiary hearing for a court order that must meet specified standards, to temporarily remove a gun from the possession of someone with a mental health crisis who is determined by a judge to be at risk of harming themselves or others with a firearm. If such a finding is made, the gun is taken into custody by law enforcement..." - Maine Gun Safety Coalition
“The yellow flag law has been effective but has "significant deficiencies," including that it requires a mental health evaluation. A red flag law would avoid stigmatizing people with mental illness, and it would ensure that firearms could also be removed from people who are dangerous but are not found to have mental illness. If this act is enacted, it will not replace the yellow flag law but will expand the range of options and provide another avenue for emergency weapons removal when appropriate.” - David Moltz, Maine Association of Psychiatric Physicians
No
"Red Flag Laws allow – without the person’s prior knowledge and with very little evidence – someone’s firearms to be removed based on a petition by their family members..., household members or law enforcement.
Red Flag Laws have no due process: having your property removed BEFORE having your day in court is not an American value.
National statistics show nearly 80% of those who have their firearms removed by a Red Flag Order have never committed a crime.
In other states, Red Flag or “Extreme Risk Protection Orders” are granted 97% of the time based on hearsay and a low standard of evidence...
Red Flag Laws do nothing to help the person whose firearms have been removed. There are no mental health evaluations, no restraining orders, no protection offered for the people the person is accused of being a potential threat to.
Under Red Flag Laws, law enforcement can be directed to show up at our homes without notice to remove our property..." - Keep Maine Safe
"Maine’s yellow flag law...allows law enforcement to temporarily remove firearms from individuals in crisis, but only after a mental health evaluation and judicial oversight... The red flag law would bypass these safeguards, letting anyone—family, neighbors, or even disgruntled acquaintances—petition a court to seize guns without professional assessment, risking false claims and unjust punishment.
The red flag law allows firearms to be taken based on vague allegations, often without the accused even present at the initial hearing. Similar laws elsewhere have led to abuse by complainants, with up to one-third of petitions in other states being frivolous.
The red flag law could replace or weaken this system, leading to rushed seizures, fewer protections, and even dangerous confrontations..." - Protect ME - No Red Flag
“Maine's Red Flag referendum seeks to implement laws that would allow individuals to petition a court to suspend a person’s Second Amendment rights and to order the seizure of the person’s guns, despite that person never having been charged with or convicted of a crime. Such orders, based on weak and nebulous standards, can be issued before the gun owner is provided the opportunity to be heard or to present evidence. Governor Janet Mills (D) and other prominent Democrats have opposed this proposal, citing that it will "undermine" current Maine law.” - National Rifle Association, Institute for Legislative Action
ENDORSEMENTS
Yes
FINANCIAL BACKING
The following information provides insight into the money being spent to pass or defeat the ballot measure.
Yes
This question is on the ballot in Maine as an indirect initiated state statute on November 4, 2025.
Committees formed to SUPPORT the "Extreme Risk Protection Orders to Restrict firearms and Weapons Access Initiative (2025)" are:
SAFE SCHOOLS, SAFE COMMUNITIES
Selected Contributions TO "Safe Schools, Safe Communities" include:
- Global Impact Social Welfare Fund
- Alliance for Gun Responsibility
- David Fitz
- Maryanne Tagney
- Geoff Gratwick
No
This question is on the ballot in Maine as an indirect initiated state statute on November 4, 2025.
Committees formed to OPPOSE the "Extreme Risk Protection Orders to Restrict firearms and Weapons Access Initiative (2025)" are:
Selected Contributions TO "Protect ME - No Red Flag" include:
- SAM-ILA
- Wiscasset Rod & Gun Club
- Robert Shelton
- Jeffery Richardson
- Douglas Vander Ploeg
Selected Contributions TO "Keep Maine Safe" include:
- Gun Owners of Maine
- Jesse Derr
- Laura Whitcomb
- Denise Ventura
- Jamie Robinson
OTHER INFORMATION
Yes
No
Raising Red Flags on Federal Red Flag Gun Laws, The Heritage Foundation
Gov. Mills: Why I’m voting ‘No’ on Maine’s ‘red flag’ question, Portland Press Herald
Your Voice, Your Future Town Hall on Maine's Red Flag Referendum (begins at 4:03 timestamp)
