The Ineffectiveness of Maine's State Law in Disarming Individuals like the Gunman: What Went Wrong?
The Maine gunman's disturbing behavior, including hearing voices, expressing paranoid thoughts, and making violent threats, raised red flags long before the tragic rampage Despite multiple warnings from family and comrades, and the existence of a state law to remove firearms from individuals like him, the system failed to prevent the devastating consequences Maine is now establishing an independent commission to investigate this case, highlighting the urgent need for improved intervention and support for those exhibiting signs of mental distress
The signs were evident: hearing voices, expressing paranoid thoughts, and making violent threats resulted in the dispatch of additional patrols to safeguard a military installation.
Documents and information disclosed by authorities and law enforcement sources reveal that, over the course of several months, individuals acquainted with the US Army reservist, who later unleashed a shooting rampage in northern Maine on October 25, consistently reported his declining mental condition and grave apprehensions about his potential for violence.
Maine is the only state in the country that has a "yellow flag" law, a less strict version of the commonly used red flag laws in almost half of the US states. These laws aim to prevent individuals deemed dangerous from accessing firearms, according to gun policy experts who spoke to CNN.
According to experts, the law in Maine was specifically crafted to address individuals like Robert Card. Card, a 40-year-old firearms expert, carried out two shooting rampages at a bar and bowling alley in Lewiston. Ultimately, the gunman used an assault rifle to kill 18 people and injure 13 others at Just-in-Time Recreation and Schemengees Bar & Grille.
Authorities never attempted to utilize the best tool at their disposal that could have potentially disarmed him - a glaring flaw that highlights the weakness of the law compared to legislation in other states. Instead, law enforcement relied on the gunman's family to prevent him from accessing guns after their unsuccessful attempt to communicate with the reservist.
"This is a prime example of a situation where the yellow flag law would have been applicable," said Michael Rocque, chairperson of the sociology department and a criminologist at Bates College in Lewiston, which has extensively researched gun laws and mass shootings. "This law was designed for individuals experiencing a mental health crisis and who have demonstrated themselves to be a threat."
The 18 victims killed in the October 25 mass shooting in Lewiston, Maine.
The Maine Department of Public Safety states that the state's gun laws do not restrict firearm purchases solely based on mental health diagnosis or treatment. Maine, known for its strong hunting traditions, does not mandate background checks for all gun transactions and does not require gun owners to register their firearms. Additionally, there are no permits necessary for carrying concealed firearms in public.
Officers have the authority to employ the yellow flag law, which involves apprehending individuals in crisis and subjecting them to a medical assessment. Subsequently, a judge can determine whether to grant an order to temporarily restrict the individual's access to firearms, as specified by the law. Rocque explained that this legislation, enacted in 2019, represents a compromise between proponents of gun rights and gun control. It serves as an alternative to the red flag laws currently implemented in 21 US states and Washington, D.C., which are commonly referred to as extreme risk protection orders.
Red flag laws differ from state to state, but essentially they permit individuals who have knowledge of someone who is a potential danger to themselves or others to request the court's temporary intervention in restricting their access to firearms.
What sets Maine's law apart are the added challenges involved in disarming a person. Firstly, only law enforcement officials have the authority to initiate the yellow flag procedure. Additionally, it can only be activated if officers physically apprehend the individual and place them under protective custody, as stated by Rocque.
A woman is hugged by a man at a reunification center at Auburn Middle School, in Auburn, Maine, after shootings in Lewiston on Wednesday, October 25, 2023.
Derek Davis/AP
Heres a timeline of the mass shooting in Maine and the hunt for the suspect
In addition, the procedure requires an additional step. According to the law, the implementation of firearm restrictions cannot occur without the agreement between a medical practitioner and the police that the specific case justifies presenting a petition to a judge.
Shannon Frattaroli, a professor of health policy and management at the Johns Hopkins Bloomberg School of Public Health and a member of its Center for Gun Violence Solutions, expressed her skepticism about the benefits of adopting a compromise policy when individuals are openly indicating their intentions to engage in harmful actions.
"According to Frattaroli, research indicates that approximately 50% of mass shooters reveal their intentions prior to carrying out their horrific acts. Without strict laws on extreme risk protection orders, our society lacks sufficient preparedness to adequately respond, as evidenced once again by the tragedy in Maine."
"The US Army instructed local police to conduct a welfare check on a reservist in September, following concerns raised by a fellow soldier about the individual's potential to 'snap and commit a mass shooting.' A incident report from the Sagadahoc County Sheriffs Office released details of this incident. Numerous reports from relatives and acquaintances had been made to officials since the spring, expressing similar concerns."
Sheriff Joel Merry informed CNN that law enforcement officers were unable to contact Card during two visits, resulting in their inability to invoke the state's yellow flag law. According to the sheriff, the law mandates that an officer must first take a person into protective custody before the law can be enforced. "Unfortunately, this hindered our ability to initiate the Yellow Flag Law," shared Sheriff Merry. "It is truly regrettable, but we must abide by the law."
President Joe Biden and first lady Jill Biden lay flowers at Schemengees Bar and Grille, one of the sites of last week's mass shooting, on Friday in Lewiston, Maine.
Evan Vucci/AP
Biden heads to Maine to mourn Lewiston shooting victims
It is uncertain if Maine's law could have prevented the tragedy in Lewiston; however, according to Alex Piquero, a criminology professor at the University of Miami and former director of the US Bureau of Justice Statistics, it would have definitely caused a significant disruption to it. Piquero further added that all the necessary elements were present for action, but no one took advantage of them.
Piquero highlighted that the Cards case presented an opportunity for law enforcement to prioritize caution and guarantee the safety of others. Multiple individuals had reported concerns about Card's mental state and urged that he should not possess any weapons. After an intense 48-hour search, Card was discovered deceased near a river approximately 10 miles away from Lewiston, having taken his own life with a gunshot wound to the head.
Suspects family flagged troubling signs 6 months before rampage
Documents provided to CNN by the Sheriffs Office last week reveal that Cards family reached out to the department as early as six months ago, specifically on May 3, expressing worries about his welfare and his possession of firearms.
Cards 18-year-old son informed a deputy that his father had begun to assert, since around January, that individuals were making derogatory remarks about him in public, according to documents disclosed by the sheriffs office.
A mourner attends a candlelight vigil for the victims of this week's mass shootings on October 28, 2023, in Lisbon Falls, Maine.
Robert F. Bukaty/AP
The Army stated that the perpetrator of the Maine shooting, prior to the tragic incident that claimed the lives of 18 individuals, should not have been in possession of a weapon. Additionally, the document reveals that his ex-wife informed the deputy that Card had acquired a significant number of handguns and rifles from his brother's residence, totaling between 10 and 15 firearms.
According to the documents, the ex-wife and son expressed their intention to distance themselves from Card. Following their conversation, the deputy subsequently liaised with officials from the 3rd Battalion 304 Training Group and facilitated contact between them and Card's family. The sheriffs office stated that the representatives affirmed their commitment to ensuring Card receives the necessary medical attention.
Army comrades reported Card was hearing voices
The Sagadahoc sheriffs office report details how the Army reservist started hearing insulting voices in his head in the spring and they had gotten worse.
According to a letter provided by the military, on July 15, Card allegedly accused three fellow soldiers, including a close friend, of labeling him a pedophile. He reportedly threatened to handle the situation himself. Afterward, the soldiers managed to calm him down and returned to the motel. However, he subsequently locked himself in his room and refused to communicate with others.
The following day, a different soldier obtained the key to his room. Eventually, the soldier brought Card to a base hospital where a psychologist concluded that he required additional treatment. As stated in the letter from the sheriffs office, this incident resulted in Card spending 14 days in a psychiatric facility.
It is not known whether Card willingly or unwillingly entered the facility. However, it is important to note that federal law forbids individuals with mental illness from possessing firearms. Public Safety Commissioner Michael Sauschuck mentioned that the department had not received any evidence of Card being "involuntarily committed for treatment," as stated on Saturday.
"If that didnt happen," Sauschuck said, "then ⦠the background check is not going to ping that this person is prohibited."
Various guns are displayed at a store on July 18, 2022, in Auburn, Maine.
Robert F. Bukaty/AP
The Bureau of Alcohol, Tobacco, Firearms and Explosives also stated that there were no known records preventing Card from purchasing a firearm.
Prior to the shooting, a gun shop refused to sell a silencer to Card because he answered "yes" to the question on the form, which asked if he had been adjudicated as a mental defective or committed to a mental institution, according to ATF's statement provided to CNN.
Suspect had more delusions, threatened attack at military facility after psychiatric stay, docs show
Roque highlighted the glaring loophole in federal law by pointing out that, despite Card's self-disclosure of his mental health history and subsequent denial of purchasing a silencer, he was still able to purchase a weapon due to the absence of this information in the federal system.
The content shared in the documents published by the sheriffs office reveals another incident that occurred in September following Card's release from a psychiatric stay. A fellow soldier raised concerns about Card's distressing mental condition and the explicit threats he made regarding an attack on a military base.
According to the sheriffs documents cited by CNN, the incident unfolded as Card was returning home from a casino in the company of another reservist. Card repeatedly discussed instances of people insulting him, eventually prompting the Army to request authorities to conduct a wellness check on Card.
According to [the friend], [he] claimed to possess firearms and expressed intentions to carry out a shooting incident at the Saco drill center and other locations... [the friend] apprehensively expressed concerns about [his] potential for a violent outburst and a mass shooting.
People attend a candlelight vigil to honor the victims of the Lewiston shootings on Saturday in Lisbon, Maine.
Joe Raedle/Getty Images
Result:
Grieving families in Maine are left with lingering uncertainties as they try to comprehend the motives behind a man accused of murdering 18 people, who was subsequently discovered dead. Saco Police Chief Jack Clements informed WMTW Maine that as a precaution, additional patrols were deployed to the military facility in response to the threat, but the individual called Card failed to appear.
Sheriff Merry of Sagadahoc informed The New York Times that he issued a notification to all law enforcement agencies in Maine in September regarding the threat to the Saco base. CNN has yet to confirm this information.
According to a search warrant affidavit filed after the shooting, shared with CNN last week, Cards brother informed officers that he had successfully altered the code on Cards garage gun safe for a number of months due to concerns regarding his "behavior and his possession of several firearms." However, the brother also revealed to authorities that Card still retained a key to the gun safe and maintained access to his firearms prior to the shooting.
Police didnt make contact with gunman on 2 wellness checks
In September, the sheriff's office was contacted by an Army Reserve unit in Sagadahoc to request a wellness check on Card. The email request provided information regarding Card's previous mental health background, including the episode that resulted in a psychiatric hospitalization during the summer.
The letter sent to the sheriffs office expressed concerns about Card's behavior, describing him as mentally disturbed and resistant to seeking help, according to CNN. CNN also reported that the US Army mentioned that the wellness check was requested by Card's unit due to concerns for his safety.
A deputy visited Card's residence on both September 15 and September 16, but failed to establish contact with him, according to the sheriffs office.
The Sagadahoc County Sheriffs Office issued a notification to other law enforcement agencies stating their efforts to locate Card. The alert emphasized that he was considered armed and dangerous.
The sheriffs office stated that these types of alerts are "frequent and are issued by law enforcement when they are attempting to locate an individual."
After being unable to reach Card, law enforcement officials proceeded to contact individuals who were acquainted with him, as per a source from law enforcement who previously informed CNN.
According to CNN, an Army unit commander recommended giving Card some personal time. On September 17, a Sagadahoc officer spoke to Card's brother, who confirmed their commitment to ensuring that Card doesn't have access to any firearms. The brother and father have a plan in place to secure his weapons, as stated in a welfare check report.
The responding police officer said his department would help to facilitate a mental health evaluation if needed.
Maines yellow-flag law has been invoked at least 80 times
By the end of 2022, all law enforcement agencies in Maine have undergone training on the state's yellow flag law, as stated by the Maine Department of Public Safety. Additionally, mandatory training sessions on the law will be implemented by the agencies this year and in 2024, announced the department.
The yellow flag law, categorized as a restraining order, does not entail any criminal penalties unless the order is violated, as explained by Giffords Law Center to Prevent Gun Violence.
Maine's yellow flag law, also known as the "protection from substantial threats," stipulates that officers must possess "probable cause" to suspect an individual is mentally unstable and poses a substantial risk of inflicting "serious harm" upon themselves or others, as stated by the law.
Such signs may include a significant propensity for self-inflicted harm, a notable tendency for physical harm towards others due to recent homicidal or violent actions, or behavior that leads to a reasonable belief that others are likely to experience severe physical harm.
After a medical practitioner conducts the secondary assessment, the law allows a judge to decide whether or not to grant an order that temporarily prohibits an individual from accessing firearms. Frattaroli emphasized that in cases where individuals express intentions to engage in violence, there is no room for an extra step, considering the concerns raised by people acquainted with the assailant and his history of psychiatric treatment.
Mourners gather for a vigil in Lisbon, Maine, on October 28 for the victims killed in the Lewiston mass shooting.
According to state records, Maines "yellow flag" process has been invoked on at least 80 occasions since its enactment in July 2020, with the majority of cases involving individuals experiencing suicidal ideation.
In March 2022, a 91-year-old man, who believed that he was being electronically targeted by individuals intending to harm him, was mentioned in Maine Attorney General Aaron Frey's log documenting the instances where the law was employed. As a result, thirteen firearms were confiscated from the man's residence. According to Rocque, the absence of the implementation of the yellow flag law in Cards' situation by law enforcement in Maine suggests potential deficiencies in the law.
"Assuming that the police probably lean towards respecting people's rights,
Maine to form independent commission to investigate case
, according to Rocque who spoke to CNN. The incident serves as a clear example of why this law was created, exposing its shortcomings. The law is excessively complex and protracted, rendering it ineffective in cases of urgent crises like this one."
The concerns regarding Card's mental state before the rampage have placed increased pressure on state and local officials to provide an explanation as to why they did not take further action to intervene. In response, Maine Governor Janet Mills revealed on Thursday the formation of a new commission. This commission's objective is to investigate and ascertain the facts and circumstances surrounding the response of law enforcement regarding concerns about Card's mental health and behavior.
The governor acknowledged that his mental health and behavior had been reported to his Army National Reserve Unit and law enforcement agencies in both Maine and New York, according to her statement. The governor emphasized the need to investigate the actions taken and determine whether more could have been done to avoid this tragedy.
Maine Governor Janet Mills addresses the news media on October 27 after authorities found the body of Robert Card.
Following the release of multiple reports about Card, Sheriff Merry and his office stated on Monday that the department had acted in accordance with proper procedures during the attempt to locate and wellness check.
The sheriff stated that his department intends to review the "policies and procedures regarding wellness checks in order to identify and implement any necessary enhancements that prioritize public safety while respecting individual rights."
In a statement given to CNN on Saturday, Merry explained that his office was unable to initiate the yellow-flag process as they were unable to locate and communicate with Card.
Rocque, from Bates College, emphasized that law enforcement must clarify whether they depended on the Cards family to prevent his access to firearms and ensure he received necessary medical assistance.
Additionally, Rocque highlighted the complexity that police officers face when deciding whether to entrust the family with managing the situation or taking the individual into protective custody.
Rocque continued by suggesting that relying on the family to handle the situation was not advisable. He raised concerns about the complexity of the yellow flag law and whether the process was adequately explained to them, leaving no room for discretion. He further questioned whether the law was too severe from their perspective, causing hesitation in using it for a case like this. Answers to these questions are essential.
CNNs Shimon Prokupecz and Mark Morales contributed to this report.
