Maine Democrats Block Attempt to Hold Public Hearing on ‘Red Flag’ Referendum

Democrats in the Maine Senate continue to go to extraordinary lengths to block a public hearing on a “red flag law” referendum that will be on the ballot this November. 

The Senate Judiciary Committee has refused to hold a hearing even though state statute is clear that a “petition for direct initiative of legislation under the Constitution of Maine, Article IV, Part Third, Section 18 that is determined valid by the Secretary of State pursuant to section 905, subsection 1 and is submitted to the Legislature in accordance with the procedure established in the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 1 must be afforded a public hearing conducted by the joint standing committee of the Legislature having jurisdiction over the subject matter of the petition or by a special legislative committee established for that purpose by the Legislative Council.” 

Senate Judiciary Committee Chair Sen. Anne Carney claims that, despite the state law, the state Constitution doesn’t require any such hearing,  and she’s refused to schedule one before the committee. Second Amendment groups have threatened a lawsuit, and on Thursday night Republicans, led by Sen. Trey Stewart, used three different parliamentary procedures in an attempt to force a hearing through the full Senate. 

“You know we don’t need to go down this road,” Stewart, of Presque Isle, said before one of the party-line votes. “It’s unfortunate that this is where we are at. It’s unfortunate that the process that we have all relied on and gotten accustomed to has been so deeply circumnavigated in this case.”

Before the votes, Senate President Mattie Daughtry, D-Brunswick, ruled that the Senate could not even grant Stewart’s motions because the bill was still in the Judiciary Committee and could still be acted upon by the panel. Democrats, who hold 20 of the Senate’s 35 seats, then sided with Daughtry’s rulings after Stewart appealed each one.

Daughtry’s reasoning is utterly absurd. The head of the Senate Judiciary Committee has made it abundantly clear that she has no plans to abide by state law and hold a public hearing on the “red flag” referendum, which is why Republicans tried to bring the issue to the Senate floor in the first place. 

The Republican effort at least clarified one thing: the attempt to keep the public muzzled before the referendum is held isn’t the work of just a handful of Senate Democrats. The entire Democratic caucus is working to circumvent state law and prevent that hearing from taking place. 

With the legislature unwilling to act, the next step is for opponents of the “red flag” proposal to go to court and try and force a hearing to be held. The National Rifle Association, Sportsman’s Alliance of Maine, and Maine Gun Owners are doing that very thing, but honestly, there’s no guarantee that a judge will order the Senate to abide by state law. Even if an order does come down, Senate Democrats may be able to stretch out their appeal beyond Election Day. 

That’s not to say the legal fight isn’t worthwhile. It absolutely is; not only for this referendum but for future gun control measures that might be placed on the ballot. If Democrats can get away with flaunting the law once they’re sure to do it again, and this is an issue that needs to be addressed by the judiciary. 

Senate Democrats are clearly worried that if a public hearing is held opponents will dwarf the number of supporters, and their testimony will prove persuasive to undecided voters. I hope that NRA, SAM, and GOM will, in addition to filing suit, host a series of townhall meetings on the “red flag” referendum on their own and invite lawmakers, including Gov. Janet Mills (who opposes replacing the “yellow flag” law with a Bloomberg-backed “red flag” measure) to attend and voice their own concerns. 

It’s a tactical mistake for Democrats to go to such lengths to avoid a public hearing, and opponents of the “red flag” referendum should take full  advantage of their error by spotlighting their attempt to circumvent state law and deprive the people of an official hearing. The lawsuit, as well as the actions by Republicans in the Senate on Thursday, are great steps in that direction, but giving voters the chance to weigh in, even unofficially, would be a good move as well.