Despite a concerted effort by anti-Second Amendment forces in the Maine legislature, the body was unable to override Gov. Janet Mills’ (D) veto of their so-called “assault weapon” ban.
Friday’s 18-16 vote did not come close to the two-thirds majority required by state law to trump the veto.
Mills is hardly a gun rights stalwart, though she deserves credit for seeing through the latest flimsy attempt to prohibit popular sporting rifles. In the wake of the tragic Lewiston mass shooting, she was under considerable pressure from certain legislators to do “something.”
That something turned out to be allowing the state’s new waiting period to purchase a firearm to take effect. While Mills did not sign the bill, she allowed the 10-day period to pass without her signature or veto, making the three-day stipulation a state law.
Gun rights supporters vehemently argued that the rights of the people to arm themselves would be infringed upon by the waiting period.
Maine is a popular hunting destination for sportsmen from out of state, and guides warned that the new law would hinder sales to these visitors who are only in the area for a brief stay.
Mills acknowledged the deep controversy around the waiting period. “This is an emotional issue for many, and there are compelling arguments for and against.”
However, she ultimately decided to allow the 72-hour rule to become Maine law. Mills asserted she harbored “caveats and concerns” and would take steps to ensure that it was properly applied.
She instructed the state attorney general and public safety commission to keep a close watch on challenges to the waiting period’s constitutionality in other states.
But the loud warnings against the “assault weapons” ban that the language of the bill was hopelessly vague thankfully were heeded. Mills correctly determined that the broad scope of the poorly worded measure would snare many law-abiding citizens into its web.
Part of LD 2086 was a ban on so-called “bump stocks.” These accessories were banned on the federal level after a mass shooter in Las Vegas killed 60 and wounded 869 in 2017.
Mills expressed her support for this particular action but stopped short of signing the bill over the “risk for unintended consequences.”
The governor explained that “such legislation should only be developed in a deliberate, inclusive and clear manner for both gun safety advocates and those concerned with protecting lawful access to firearms.”
The victory over the “assault weapons” ban was hardly a clean sweep. Along with the three-day waiting period, Mills signed bills into law simplifying the process for seizing firearms without respecting due process rights through the state’s yellow flag law.
The legislature did not vote on a new “red flag” bill like those now in place in over 20 states. These permit a family member or others to petition to have someone’s gun rights stripped away, often with only the barest of due process.
Background checks for private sales over the internet are also now required in Maine, and she toughened a law prohibiting the “reckless” sale of a firearm to an individual who is banned from owning a weapon.
Notably, the state enhanced violence prevention programs and provided funding for mental health crisis treatment.
The shocking Lewiston mass shooting energized many Second Amendment opponents in Maine to renew their push for more gun restrictions. An Army reservist killed 18 people and wounded 13 others during attacks at a local bowling alley and bar and grill.
There were many warning signs before the Oct. 25 massacre, and the state’s unique yellow flag law that was already in place was not implemented.
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