https://www.pressherald.com/2019/08/23/david-trahan-maine-got-it-right-on-guns-public-safety-2/
TLDR:
Police can involuntarily hold someone for 18 hours they believe are a danger to themselves or others based on probable cause (requires articulable facts that give legal justification). During that time they must be evaluated by a mental health professional as soon as possible.
During the evaluation by a mental health professional they can recommend that the person be restricted from having access to weapons, including guns.
If the mental health professional recommends this and the judge agrees the judge can then order for their guns to be taken at the same time that the judge decides if they will be involuntarily committed for a longer period of time.
If the person has a protective order put in place that takes their guns the person must receive a hearing within 14 days.
If the person can’t afford a lawyer to represent them at the hearing the state pays for one.
At the hearing the judge decides based on the evidence presented whether or not to extend the order restricting them from having guns.
The gun restrictions last for up to a year during which time the person can petition for their rights to be restored.
The police are required to safely store the guns during the time the order is in effect and must immediately return the guns when the order is expired or is reversed. The person does not have to go to court to get their guns back after the order is no longer in effect.
The article for those who cant read it:
Maine got it right on guns, public safety
After the mass shootings in Texas and Ohio, like clockwork, gun control organizations pounced on their opportunity to push more gun control. This time, the focus is on more “red flag” laws, which allow family members and police to petition a court to take firearms from individuals deemed a danger to themselves or others.
In Maine, they can already do that.
In March 2018, “NBC Nightly News” ran a segment titled “Red flag laws gaining support from both sides of gun debate.” In the story, a Maine woman, Darlene Patrick, was interviewed. She lamented about her son and his struggles with a lifelong mental health condition and how she wished Maine had a law that could temporarily take firearms from people like her son when they become violent.
Well, we can do that here now. A new law, L.D. 1811, is designed to address just that scenario.
First, a little history: Maine has had a
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https://www.law.cornell.edu/uscode/text/18/922
