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New compromise on 'red flag' concerns of guns and mental health

Two Senators have worked with the Governor and the Sportsmen’s Alliance of Maine to come up with an alternative to a so-called 'red flag' bill.

AUGUSTA, Maine — There may be a compromise to allow weapons to be temporarily taken away from people in a mental health crisis. 

Two Senators, one Republican and one Democrat, have worked with the Governor and the Sportsmen’s Alliance of Maine to come up with an alternative to a so-called 'red flag' bill. That proposal drew heavy criticism from gun owners, who said it violates constitutional rights.

Sen. Michael Carpenter (D-Houlton), a former Maine Attorney General, says the new bill would use an existing law that allows police to take people in mental health crisis into protective custody if they pose a danger to themselves or others. 

Those people would be evaluated by a mental health professional, and if they're found to pose a threat and own dangerous weapons, those weapons could be taken away for 14 days.

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"It will take dangerous weapons not just firearms," Carpenter says. "We broadened the definition. It will take dangerous weapons out of the hands of persons who at that moment are in some sort of crisis."

Carpenter says the Governor’s office and SAM -- which often speaks for gun owners -- are supporting the compromise.

Carpenter says after 14 days, there would be a court hearing to determine whether the crisis was over, what would happen next, and when the weapons could be returned.

The new bill will need a public hearing and then votes in House and Senate. 

The red flag proposal has been controversial since it was first introduced two years ago. Gun rights activists have opposed the bill, saying government and courts should not be seizing guns from private citizens who have not committed a crime.

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