Maine became the 22nd state to implement a red flag law when its extreme risk protection order statute took effect on Saturday, February 21, 2026. The law, formally known as Question 2 from the November 2025 ballot, received strong voter support with over 62.5% approval, reflecting public backing for the policy intervention.
The new law allows families and law enforcement officers to petition a court to temporarily remove firearms from individuals deemed to pose a danger to themselves or others. Court officials then have the authority to issue extreme risk protection orders requiring the removal and safekeeping of firearms during the period of elevated risk.
Provisions and Processes
"The law provides a civil process to temporarily remove access to firearms during mental health crises," according to the Maine Gun Safety Coalition. The process involves filing a petition with the court, which then determines whether probable cause exists that the individual poses a significant danger. Respondents have the right to legal representation and may contest the order.
Under the new statute, firearms are seized and held by law enforcement or a designated third party while the extreme risk protection order remains in effect. Orders may last up to one year and can be renewed if the threat assessment indicates continued risk.
Public Support and Concerns
While Maine voters strongly endorsed the measure, some stakeholders have raised concerns regarding due process protections and implementation consistency across counties. Law enforcement agencies have begun training to execute the new law, and judicial staff have received guidance on order issuance procedures.
Maine's Maine Gun Safety Coalition emphasized the dual nature of the law: protecting public safety while respecting constitutional rights through judicial oversight and respondent protections. The WABI-TV report notes that despite majority voter approval, some Mainers expressed reservations about the law's implementation.
National Context
Maine's adoption follows a nationwide trend of states enacting extreme risk protection order laws. These statutes have gained bipartisan attention in some states as a mechanism to address suicide prevention and public safety concerns while allowing for due process safeguards and judicial review.
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