Yellow Flag Legislation: Understanding its Role in the Lewiston Shootings

The shooting spree that took place in Lewiston, Maine, shook the community and reignited the perennial debate concerning gun control and mental health policies in the United States. The mass shooting, a severe incident claiming 18 lives and injuring several others, thrust the nation once more into the discussion of preventive measures and the urgent need for a comprehensive strategy encompassing mental health support, community intervention, and stricter gun control regulations to curb such tragedies.

The perpetrator, Robert Card, a 40-year-old Army reservist, left a scar on the city of Lewiston. According to PBS, Card's family expressed concerns to authorities about his fixation on the locations where the shooting occurred (Schemengees Bar and Grille and Just-In-Time Recreation). He had apparent paranoia, would make verbalized threats to shoot people, and displayed recurring aggressive behavior. Medical records have shown that Card has not been taken into protective custody for his concerning behavior or judged as mentally incompetent by a professional. The tragedy in Lewiston extends beyond Card's actions; it resonates within the families and communities shattered by the loss of loved ones.

The victims ranged from a 14-year-old student to a 76-year-old husband. They are Tricia Asselin, William Frank Brackett, Peyton Brewer-Ross, Thomas Tommy Conrad, Michael Deslauriers II, Jason Walker, Keith Macneir, Bryan MacFarlane, Ronald Morin, Arthur Strout, Joseph Walker, Joshua Seal, Maxx Hathaway, Robert and Lucille Violette, Stephen Vozzella, and William Young and his son Aaron.

Amidst the grief and anguish that the victims' families and sympathizers must be feeling, the incident catalyzed a renewed spotlight on gun control policies and mental health interventions. Maine's "yellow flag" law, designed to prevent access to firearms during mental health crises, experienced a surge in its usage following the shootings. The law works like this: "When relatives are concerned that a family member is suffering a mental health crisis and may be a threat to the safety and well-being of themselves or others, they may call law enforcement to seek an order temporarily restricting that person's access to firearms."

However, the law's limitations in preventing tragedies like the one in Lewiston have sparked crucial conversations about its effectiveness. While the "yellow flag" law has proven to be a step in the right direction, it's a stitch in a larger societal fabric, as evident with this recent shooting. Gun control, mental health advocacy, and the need for comprehensive policies that bridge these realms have become increasingly urgent. And it's not just about implementing gun control laws; it's about bolstering mental health services, enhancing early intervention strategies, and destigmatizing seeking help for mental health issues. During the last twenty years, as chronic disease fatalities notably decreased, there was a 17 percent rise in gun suicides and a 57 percent increase in gun homicides.

According to the CDC, Firearms were responsible for more than half of the suicides in the United States during 2020, comprising 24,292 out of 45,979 suicide deaths. Furthermore, suicides represent approximately six out of every ten fatalities related to firearms. Strengthening mental health resources, ensuring accessible and affordable mental health care, and establishing stringent yet considerate firearm regulations could mark the beginning of a proactive approach to preventing such catastrophic events.

One example of this is The Gun Control Act of 1968, which made it illegal for individuals who had been involuntarily committed to a psychiatric inpatient unit to purchase firearms. Subsequently, the Brady Handgun Violence Act, also known as the Brady Law, initiated background checks to detect those seeking to buy firearms despite such restrictions. Delays in acquiring firearms and thorough background checks lead to a roughly 17% decrease in gun-related homicides. This reduction persists even when examining the alterations in state regulations resulting from the federal Brady Act. 

While laws like the "yellow flag" legislation are steps towards intervention, they are not a cure. Policies should aim not just to restrict access to firearms but also to facilitate mental health support and care for individuals in distress. The case of Robert Card highlights the gaps in the system — in instances where red flags were raised, warnings were given, yet adequate preventive measures were not enforced.  

Ultimately, the solution doesn't reside in one law or policy but in using a holistic method that acknowledges the intricate relationship between mental health, gun control, and community well-being. We have experienced one too many mass shootings for the government not to step up and do more. It's about preventing access to firearms during mental health crises and also providing support to those in need. If nobody does anything now, we'll be back in the same place as we were post-Lewiston, discussing the same situation that could have been avoided.

Williana Serve is a Freshman in college from New York City. Passionate about empowering youth voices, fostering inclusivity, and promoting representation, Williana believes in providing young change-makers with the tools and knowledge they need to contribute to a more just world. When she’s not doing schoolwork, she can be found watching TikTok, YouTube, or reading.

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