Staff Report

Senate Republican Leader Trey Stewart interviews Sen. David Haggan, Senate Republican lead on the Legislature’s Judiciary Committee and Health Coverage, Insurance and Financial Services Committee.

Stewart: Let’s dive right into it here. We’ve got an election coming up. There are some big questions on the ballot, and you are very knowledgeable on Question 2, the “Red flag” proposal. Tell us about that, Dave.

Haggan: This referendum is 15 pages long. It is poorly written as far as what the voters will see when they’re in the voting booth trying to decide how to vote. This basically is condemned by the Governor, the State Police and law enforcement.

It is a reckless attempt to take our firearms away in a very unconstitutional manner. Red flag is completely different than the system we have in place right now, which is “yellow flag.” The yellow flag system has worked over 1,100 times since the Lewiston shooting. It saves lives every day. It’s implemented more than twice a day throughout the State of Maine.

If red flag takes over, or as proponents say, adds this “tool to the toolbox”, it actually jeopardizes the lives of citizens and police.

Stewart: Yeah, so it seems like the current option in Maine works really well. This proposal here is just going to result in law-abiding citizens losing their firearms; and we’re not actually getting at the root of the problem, which is making sure the folks that need it most have access to mental health services.

Haggan: That’s the big thing that yellow flag does provide, and red flag denies. We, as citizens, have a responsibility to the people who are in crisis in the State of Maine to support our existing yellow flag process and not weaken it with this proposal.

We need to keep yellow flag — it works. Law enforcement in any town will tell you this is a really great tool. It helps the citizen who is in crisis and their loved ones at the moment of the crisis so that terrible things don’t happen.

Stewart: So, due process is established under the current Maine law, which the Governor and you were very involved in creating. This proposal deviates significantly when it comes to due process.  Is that right?

Haggan: It is. Our Fifth Amendment due process rights are profoundly violated by this red flag initiative. What will happen will be: the police will be called by the court, and they will have to make a cold call. They just show up and say we’re coming in, we’re seizing your firearms, then we’re leaving. And you can have your day in court in two weeks to prove you’re not a harm to yourself or someone else.

This is wildly inappropriate. It violates our Fourth Amendment search and seizure rights, not to mention the due process rights. If police show up to a person’s house and say we’re coming in and we’re taking your stuff, that’s not going to go over well.

So, the State Police did testify in the Judiciary Committee that innocent civilians and law enforcement could be harmed through the red flag initiative; and there’s no need of it. We have yellow flag. It’s a process that is extremely effective.  All law enforcement in Maine completely buys in, and they use it on a regular basis.

Stewart: It seems like this is really just a solution in search of a problem and could lead to some really dangerous outcomes, both from a law enforcement perspective as well as for law-abiding citizens. So, who’s driving the bus here on this referendum question?

Haggan: Well, this is really a national thing. We’ve got Bloomberg, Soros, etc. These people want to just take away our Second Amendment. They don’t respect our constitutional rights in these areas and they’re driving the bus.

Stewart: So, Dave, it seems like there’s really one party right now that is protecting constitutional rights for Maine people. Is that fair to say?

Haggan: It’s very fair to say. Republicans in our committee and in the House and Senate really love our constitutional rights and vote to protect them. The legislative Democrats we have in Augusta are not that way. They, unfortunately, want to take away many of our constitutional rights. They’re vocal about it and they vote that way.

Stewart: Dave, thanks so much for being with us here this week. Stay tuned for future editions of the Republican Vision Series where we will continue to roll out what Republicans in the Maine Legislature stand for as well as address any current events happening around Maine. There is an election coming up on November 4^th so be sure to get out and vote.

Haggan: Thank you very much.

Senator Harold “Trey” Stewart III represents District 2, which includes communities in Aroostook and Penobscot counties. He is the Senate Republican Leader and a member of the Legislative Council.

Senator David Haggan is serving his first term representing Senate District 10, which includes nine communities in Penobscot County and three communities in Hancock County. He previously served four terms in the Maine House of Representatives; and he is the Senate Republican lead on the Legislature’s Judiciary Committee and Health Coverage, Insurance and Financial Services Committee.

Text edited for clarity and brevity.