Police outline differences between Maine's current extreme-risk law and proposed 'red flag' bill

Police Chief Rumsey gave a technical briefing to the Council on Oct. 27 comparing the existing Maine statute for extreme risk protection orders (commonly labeled a "yellow flag" law) to a proposed bill sometimes called a "red flag" law (LD 1387).

RUMSEY'S SUMMARY: The existing law (Title 34‑B §3862a) allows only law enforcement to initiate an extreme risk protection order after taking a person into protective custody and obtaining a medical evaluation. "When we take someone into protective custody, we are arresting their movement," Rumsey said. The process includes a medical assessment, a court application and, at a subsequent judicial hearing, the state must prove the case by a clear and convincing standard; an order can prohibit possessing dangerous weapons for up to one year.

PROPOSED BILL DIFFERENCES: Rumsey described LD 1387 as allowing family or household members to file petitions directly at court (during business hours) without seeking law-enforcement initiation. An emergency order could be issued by a judge on an in-person petition that demonstrates "good cause" (Rumsey said operationally this resembles a probable-cause standard). At the subsequent hearing the petitioner would need to prove "significant danger" by a preponderance of the evidence (about 51%). The respondent would be entitled to counsel; the petitioner would generally represent themselves unless they hire private counsel.

Operational implications: Rumsey said the existing law typically requires two clinical evaluations (one to support a weapons‑restriction application, and a separate emergency-room or behavioral-health assessment to determine whether inpatient care is necessary). He told the council that since the tragic Lewiston attack law-enforcement use of the existing statute has increased and that the current process remains usable 24/7, which law enforcement favors for urgent safety concerns.

Quotations (from the transcript): "I'm calling this Maine's yellow flag law versus Maine's proposed red flag law," Rumsey said at the start of his briefing. He later summarized a core difference: "Under the current law, extreme risk protection orders are initiated only by law enforcement."

What it means locally: The briefing clarified practical differences in standards of proof, who may file, and how quickly protective custody and emergency orders can be obtained. Councilors and members of the public asked about anonymity of petitioners, the lack of a district attorney when private citizens petition, and whether the absence of an immediate protective-custody pathway in the proposed bill would expose petitioners or respondents to more risk. Rumsey recommended that, for immediate safety concerns, residents involve law enforcement to allow around‑the‑clock response.