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SP 789

Joint Order, To Waive The Requirement To Hold A Public Hearing On L.D. 1378, I.B. 2, An Act To Protect Maine Communities By Enacting The Extreme Risk Protection Order Act

132nd Legislature (2025-2026) Introduced by Trey Stewart

Failed procedural motion to skip public hearing for Maine's proposed red flag gun restriction law, defeated 19-13 in Senate.

Placed in Legislative Files (DEAD)
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WeVote Research Nonpartisan
Bill Summary · SP 789

Legislative bill overview

SP 789 was a procedural motion requesting the Maine Legislature waive the public hearing requirement for L.D. 1378, which would establish an "Extreme Risk Protection Order Act" (commonly known as a red flag law). The bill would have allowed courts to temporarily restrict firearm access for individuals deemed a significant danger to themselves or others.

Why is this important

Extreme risk protection orders are a policy tool debated nationally as a suicide and mass violence prevention measure. Maine communities have experienced multiple incidents involving firearm access during mental health crises, making this a substantive public safety question. Waiving the public hearing requirement would have bypassed standard legislative transparency procedures for a significant firearms policy change.

Potential points of contention

  • Due process and constitutional concerns: Critics argue red flag laws raise Second Amendment and due process issues by restricting rights based on predictions of future danger, while supporters view them as necessary violence prevention tools
  • Transparency and procedure: Waiving public hearings limits community input and legislative deliberation on a major policy change, raising concerns about procedural accountability
  • Implementation details: Questions exist about standards for "extreme risk," judicial oversight, appeal processes, firearm storage/seizure procedures, and potential for misuse in custody disputes or other contexts

Compiled from official sources — confirm details with the bill’s official record.

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