On its face, Maine’s “yellow flag” law, enacted in 2019, could have made a crucial difference in this case. It authorizes police, after taking someone into “protective custody” based on probable cause to believe he is “mentally ill” and poses a threat to himself or others, to ask a “medical practitioner” for an assessment of whether the detainee “presents a likelihood of foreseeable harm.” …
Gun control activists complained that Maine’s “yellow flag” law is harder to use than the “red flag” laws that 21 states have enacted, which have fewer and weaker procedural protections.
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