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Gun reform activists and supporters fill the stairs at the State House as lawmakers return for the start of the second regular session of the 131st Legislature on Jan. 3, 2024, in Augusta. Gun rights activists were also present at the State House. Brianna Soukup/Portland Press Herald

AUGUSTA — Republicans are accusing Democrats of breaking state law by refusing to hold a public hearing on a citizen initiative that would make it easier for police to confiscate firearms from people who are in crisis.

Gun safety groups have collected signatures for a fall referendum on a so-called red flag law, which would allow family members to directly petition a court to temporarily confiscate firearms from someone who is a danger to themselves or others.

But that proposal has drawn opposition, not only from Republicans and gun rights groups, but from Gov. Janet Mills, who worked with sportsmen to craft the state’s current yellow-flag law. The existing law can only be initiated by police and requires a mental health evaluation before a court petition may be filed.

Republicans oppose the red flag initiative and say state law and past precedent require lawmakers to hold a public hearing at the State House, which would give proponents and opponents a chance to make their case ahead of the November referendum. But Democrats argued that the Maine Constitution does not require a hearing and supersedes state law — a reading Republicans challenged at a press conference Monday.

Sen. Anne Carney, D-Cape Elizabeth, said Friday that lawmakers didn’t need to hold a public hearing, because sending it to the voters is “the appropriate path forward.” She said the state constitution, which doesn’t directly address the need for a hearing, supersedes a state law that says that every initiative “must be afforded a public hearing” unless waived by a vote of two-thirds of the Legislature.

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“The constitution is different than the statute, and I think the constitution actually takes precedence over the statute,” said Carney, who added that the committee had discussed this course of action two weeks ago and Republicans did not object at the time.

Rep. Rachel Henderson, R-Rumford, and a member of the Judiciary Committee, said Monday that failing to hold a hearing was “shameless display of abuse of power” and “a complete breach of the law.”

Senate Minority Leader Trey Stewart, R-Presque Isle, said Monday that he flagged his concerns about the committee chairs not planning to hold a hearing with Senate President Mattie Daughtry, D-Brunswick, and urged her to follow state law and his reading of the constitution, which he said requires a public hearing if the initiative is presented while lawmakers are in session.

“We’re calling on them again to do the same thing, to do the right thing, to do the legal thing and schedule a hearing,” Stewart said. “It’s not that complicated. It’s not that controversial. The pushback is coming from rogue committee members. The presiding officers need to get a handle on this.”

Laura Whitcomb, president of the Gun Owners of Maine, said her group was “exploring other legal avenues to assure the people of Maine get the public hearing they deserve.”

The Maine Gun Safety Coalition said Monday there is broad support for the red flag initiative and they welcome the debate.

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“Gun lobby -backed politicians in Augusta are clearly just trying to use this life-saving policy as a means to score political points, but regardless we welcome a public debate any time, anywhere, and would remind them that a majority of Mainers support this common-sense tool that empowers family members to get help when a loved one is in danger and may pose a threat to themselves or others,” Executive Director Nacole Palmer said in a written statement.

Carney and Rep. Amy Kuhn, D-Falmouth, defended their decision in a joint written statement, saying members of the public will be able to weigh in when they vote. They said the constitution requires the question to go to voters, unless lawmakers enacted it without any changes, which is unlikely.

“Given this constitutional process, we do not believe it is necessary or timely to hold a public hearing or further work on LD 1378 during this legislative session, while we still have hundreds of bills left for the full Legislature to vote on over the next few weeks,” they said. “We believe the best and most direct way to hear from the public on this issue is through the referendum process, where every Maine voter will have a say.”

Assistant Senate Minority Leader Matt Harrington, R-Sanford, speculated the Democrats want to avoid a hearing on the red flag proposal.

“One would argue that Sen. Carney doesn’t want to hold a hearing on this because she knows that there are going to be a lot of voices out there that are opposed to the legislation — many from her own side of the aisle,” Harrington said. “Maine people deserve to have their input on this.”

Citizens initiatives that have qualified for the ballot first go to the Legislature. Lawmakers can adopt the proposal outright, send it to the voters in a referendum or send it to voters along with a competing measure.

A different committee held a public hearing earlier this session on a different citizens initiative that would require residents to show a photo ID when casting a ballot and add restrictions to absentee voting.

Attorney General Aaron Frey, a Democrat, would not comment on questions about the dispute sent through a spokesperson.

Randy Billings is a government watchdog and political reporter who has been the State House bureau chief since 2021. He was named the Maine Press Association’s Journalist of the Year in 2020. He joined...

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