AUGUSTA — Republicans and gun rights groups are ramping up pressure on Democrats to hold a public hearing on a so-called red flag proposal that’s headed for a statewide vote in November.
Republican lawmakers are accusing the Democrats of violating state law by refusing to hold the hearing because they believe it will undermine their campaign to pass the law. Democrats, who control both chambers and the committees that conduct public hearings, have said they don’t need to hold a hearing because the question will be decided by voters.
If approved by voters, the citizens initiative would make it easier for family members to have firearms temporarily taken away from people who are in crisis and may pose a danger to themselves or others.
Tensions over the call for a public hearing escalated during a late-night session in the Senate Thursday in which Republicans tried to force the issue through a series of floor votes. The votes fell along party lines with Republicans voting to move forward with a series of motions aimed at forcing action on a public hearing while Democrats voted against them.
Senate President Mattie Daughtry, D-Brunswick, shot down the first effort put forward by Senate Minority Leader Trey Stewart, R-Presque Isle, saying his motion wasn’t “properly before the body” and that it was asking lawmakers to take an “unnecessary vote” on whether to have a hearing.
Daughtry also rejected the motion on grounds the bill associated with the issue is still in possession of the Judiciary Committee, and Democrats in the Senate backed up her reasoning when Stewart tried to appeal it.
Republicans expressed frustration with the lack of a hearing during the 40-minute debate, while Democrats did not speak to the issue. Sen. Sue Bernard, R-Caribou, said she hoped that Daughtry’s comments that the bill is still with the committee would indicate it may still hold a hearing.
“I hope we can have hope in that — that this bill is still alive and something may happen and we’re not going to walk away and be duped,” Bernard said.
Earlier in the day, the National Rifle Association said that it will join a planned lawsuit over Democrats’ refusal to hold a public hearing.
Republicans also called for the hearing at a news conference Thursday morning.
“It doesn’t matter how you break this one down,” Stewart said. “There needs to be a hearing. It’s abundantly clear they’re in violation of Maine law. Once again, (we’re) giving them an opportunity to do the right things here. But if by today that is not the case (and) that has not yet happened, you’re going to see a flurry of orders put forward by Republicans in the Senate.”
Gun safety groups collected signatures to force a fall referendum on the red flag law, which would allow family members to directly petition a court to temporarily confiscate firearms.
Maine currently has what is known as a yellow flag law, which was negotiated by Gov. Janet Mills, gun rights groups and gun safety groups. It can only be initiated by police and requires a mental health evaluation before a court petition can be filed to confiscate a person’s firearms.
A state law requires that a public hearing be held on statewide referendum questions, unless that hearing is waived by a two-thirds vote of the Legislature. And hearings have been routinely held for other referendum questions, including a recent hearing on a referendum to enact a voter ID requirement and additional restrictions on absentee voting.
Lawmakers have three options when receiving a qualified citizens initiative: Enact it without changes, send it to voters, or send it to voters with a competing measure. Democrats have made clear this initiative will be sent to voters without an effort to pass it in the Legislature.
Sen. Anne Carney, D-Cape Elizabeth, who co-chairs the Judiciary Committee, said she believes a state law requiring a hearing conflicts with the state Constitution, which doesn’t mention the need for a public hearing. And since lawmakers have signaled they don’t plan to enact the proposal, a hearing isn’t necessary.
Carney also noted last week that a hearing on a similar red flag proposal was held last session.
But opponents of the referendum are clamoring for a hearing.
The Sportsmen’s Alliance of Maine issued an action alert this week, arguing that Democrats don’t want to hold a hearing because it will highlight opposition, including from Gov. Janet Mills and other Democratic lawmakers.
Mills came out against a red flag bill proposed last session, but the bill was never brought forward for a floor vote after an hourslong public hearing that drew a divided crowd.
“Under Maine law, all ballot initiatives MUST receive a public hearing before going to the Maine voters,” SAM’s alert states. “But Judiciary Chairs and Maine Gun Safety Coalition allies are blocking that hearing. Why?
“Because Michael Bloomberg and the progressive gun-control lobby know it could END their campaign. This is because a massive bipartisan coalition of Mainers, including Governor Janet Mills, law enforcement and lawmakers, will discuss the dangerous and potentially deadly realities of this extreme law.”
Aides for Mills did not respond Thursday to a question about whether Mills would personally testify before the committee, which would be a rare and dramatic moment, or if her administration would testify on her behalf, which usually occurs.
Staff Writer Rachel Ohm contributed to this report.
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