Could the U.S. military have controversial state-level “red flag” laws imposed on it by federal statute?

That’s the goal of a new proposal from a bipartisan pair of senators intent on mandating extreme risk protection orders (ERPOs) for the armed forces. Sens. Susan Collins (R-ME) and Angus King (R-ME) introduced their proposal on Monday that would impose these requirements on service members.

If military personnel are deemed a serious threat to themselves or others, the law would require an ERPO to be considered. Military authorities would also be mandated to forward relevant information to local and state law enforcement as well as the judicial system.

According to Collins, the Armed Forces Crisis Intervention Notification Act would protect citizens and avoid trampling on Second Amendment rights.

The senator declared in a statement, “This bill would facilitate effective communication and coordination between state agencies and military service branches, thereby helping to keep our communities safe and ensuring that service members in crisis get the assistance they need, without infringing upon the rights of law-abiding gun owners.”

Collins and King are attempting to attach their proposal to the massive National Defense Authorization Act (NDAA). 

The Senate will almost certainly pass this annual funding package before the end of 2024, and if the sponsors successfully attach the bill to the NDAA, it ensures a much higher likelihood of passage.

The impetus for the proposal was the deadly mass shooting that killed 18 people and wounded 13 others last October in Lewiston, Maine.

A special commission created to investigate the fatal attack concluded last month that the Army Reserve and local police had ample opportunities to step in and thwart the deadly tragedy. The independent panel determined that the psychological crisis suffered by gunman Robert Card was readily apparent and warranted intervention.

Officials were aware of Card’s paranoid state prior to the mass shooting, and he was hospitalized in the summer of 2023 while his Army reserve unit was in training.

During his hospitalization, healthcare providers described him as psychotic and were aware that he possessed a “hit list.” They recommended that Card not be allowed access to firearms. 

While military authorities limited the availability of weapons to the service member, this action did not extend to privately owned firearms at his Maine home.

And while the Sagadahoc County Sheriff’s Office went to Card’s resident after he threatened to “shoot up” his Army Reserve unit, the officer was not made aware of previous mental health episodes.

Through its investigation, which included 16 public meetings, the body heard evidence that Maine law enforcement officers had sufficient cause to implement the state’s yellow flag law.

Under this provision, Card’s weapons may have been seized and he could have been placed in protective custody.  

Maine is the only state with its unique yellow flag law, which differs from the red flag variety deployed elsewhere. 

Under red flag laws, those around a person who believe they present a threat to themselves or others may petition for an emergency court order. These are controversial in that legal actions may be weaponized against individuals with little recourse to protect themselves from having their weapons seized.

Maine’s yellow flag law provides extra protection for individuals targeted by someone who believes they are an immediate threat. A report must be made to the police, and then law enforcement determines whether to order a mental health evaluation or take the person into custody.

If law enforcement or medical authorities believe such actions are necessary, they must then apply for a court order that would remove firearms from the individual.

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