Maine shooting: What to know about state’s gun laws

At least 18 people are dead after a mass shooting at two locations in Lewiston, Maine, on Wednesday night. The suspected gunman is still at large.

The state’s gun laws have come under increased scrutiny since the mass shooting occurred on Wednesday night after the shooter’s history of mental health struggles came to light.

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Here is a look at some of Maine’s gun laws as the state grapples with the aftermath of the shooting.

Constitutional protections

In addition to protections in the federal Constitution, the Maine Constitution explicitly protects the “right to bear arms” under Article One, Section 16.

“Every citizen has a right to keep and bear arms and this right shall never be questioned,” the state constitution says.

Amending the state constitution can be done in one of two ways. The first way to amend the Maine Constitution is by approving a resolution by a two-thirds majority of both chambers of the legislature and then putting the amendment up for voters to decide. If a majority of voters approve the amendment, it is enacted. The other method for amending the state constitution is for two-thirds of both chambers of the legislature to call a constitutional convention.

(AP Photo/Steven Senne)

“Yellow flag” law

The state has a unique form of a red flag law, which has been dubbed a “yellow flag” law.

The law, which was passed in 2019, allows for a court to confiscate firearms from a person who is seen as a danger to themselves or the public, but unlike traditional red flag laws, a medical assessment is required to have the weapons removed from the person in question.

If a person has weapons confiscated by the law, they are entitled to a hearing within 14 days of the notice, according to the law.

Sen. Susan Collins (R-ME) has previously touted the law as ensuring “that the concerns are well founded and that Second Amendment rights for law-abiding citizens are protected” during a hearing on Capitol Hill in 2022.

Permitless carry

The state allows for people 21 years old and older, who are not regularly barred from possessing a firearm, to carry guns concealed without a permit.

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During the state’s legislative session earlier this year, legislation to require background checks for private firearm sales and a 72-hour waiting period for gun sales in the state failed to pass.

Any changes to the state’s gun laws would have to be passed by the state House of Representatives, which has an 80-68 Democratic majority, and the state Senate, which has a 22-13 Democratic majority, and then it would need to be signed by Gov. Janet Mills (D-ME). Democrats have had control over both chambers and the governor’s office since 2019.