Could the mass shooting in Maine have been prevented through a Red Flag Law?

JACKSONVILLE, Fla. — Maine’s mass shooting suspect has reportedly shown signs of mental health challenges. Knowing this, could Wednesday’s shooting spree have been avoided with certain legislation?

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Florida adopted the Red Flag Law, while Maine adopted the Yellow Flag Law; a more lenient one.

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Both are ways to prevent mass shootings by people who have shown clear evidence of having mental instability. But, Maine’s Yellow Flag requires one extra step that Florida’s Red Flag Law does not.

Maine’s mass shooter suspect, Robert Card, was an Army Reservist. He reportedly showed signs of erratic behavior over the summer.

Related Story: Lewiston shootings: At least 18 killed, 13 injured, Maine governor says

Action News Jax law and safety expert Dale Carson says the military would address those issues.

“Certainly, if the military was aware of it, they would have an obligation to do something about it,” Carson said.

Weeks after the Parkland shooting in 2018, Florida passed a Red Flag Law. It allows police to petition to a judge to decide if guns should be taken away from a person deemed a threat to themselves or others.

Carson says it starts with a civilian call to the police first, followed by a court hearing.

“During that hearing, the evidence to suggest that someone shouldn’t have access to a firearm has to be clear and convincing for the court to issue an order,” Carson said.

Related Story: Florida’s red flag law used nearly 9,000 times to date, 254 times in Duval

The Yellow Flag Law in Maine requires police to first get a doctor to evaluate the person before police can petition a judge. And after the judge gives the order, police can collect all the firearms in the person’s possession.

“So that’s something that used properly, would prevent individuals who shouldn’t have access to firearms,” Carson said.

Now, police in Florida can also baker act people.

“The Baker Act allows the government to put someone in 72 hours’ worth of care to determine whether or not they are a threat to themselves or neither,” Carson said.

State representative Angie Nixon has been vocal about toughening gun laws. In a statement Nixon says in part, “We need to look at stronger policy around guns. Period. It makes absolutely no sense that a man with a well-documented history of mental illness, that made multiple threats of violence should have access to military grade weapons.”

The Florida Department of Law Enforcement says the state has nearly 4,000 risk protection orders in place.

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The Red Flag Law has been used 285 times in Duval County between March 2018 to the end of 2022. During that same time frame, it was used 21 times in Nassau, 15 times in St. Johns, and five times in Clay.

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