Red Flag Laws Threaten Due Process — Maine Must Do Better
- Robert Wessels
- Oct 9
- 3 min read
I believe in protecting our communities. I believe in preserving the Constitution. Those two goals are not in conflict. They can and must go together. That’s why I oppose so-called “red flag laws.”
On paper, these laws claim to keep dangerous people from having guns. In practice, they strip away rights without due process and give the government power it should never have.

Safety Without Liberty Is No Safety at All
Maine is a safe state. Our crime rate is among the lowest in the nation. This safety doesn’t come from bureaucrats in Augusta or Washington. This safety comes from responsibility, community, and law enforcement that consistently enforces the laws we already have.
Red flag laws don’t target criminals. They target citizens. They allow a judge to take away a person’s firearms before that person has even been charged, let alone convicted, of a crime. That upends our justice system. In America, we are innocent until proven guilty — not the other way around.
If the state can take away one constitutional right without due process, what stops it from taking others? Free speech? Property rights? Religious liberty? The danger is not just about guns — it’s about government overreach in every corner of our lives.
A Slippery Slope of Accusations
Imagine a disgruntled neighbor, a bitter ex-spouse, or even a political opponent filing a complaint against you. Under red flag laws, that’s enough to trigger a confiscation order. Your firearms can be seized without warning. Fighting to get them back means hiring a lawyer and navigating a long, expensive court battle.
Even if you win, your rights were already violated. That’s not justice. That’s government overreach.
And let’s be honest — once the state has that kind of power, the list of “reasons” to take away rights will only grow. What begins with firearms today could extend to speech, assembly, or other freedoms tomorrow. Once that line is crossed, it is tough to go back.
Protecting Both Safety and Rights
The better path is simple: enforce the laws we already have. Strengthen penalties for violent offenders—close loopholes for repeat criminals. Support law enforcement with training and resources to respond to threats before they escalate.
At the same time, invest in mental health services, which are stretched thin across Maine. Families in rural Maine can often wait months for assistance. That delay makes tragedies more likely. Expanding access to care would save lives far more effectively than red flag laws.
Most importantly, uphold due process. Every Mainer — every American — deserves a fair hearing before their rights are stripped away. That principle is non-negotiable.
Maine Values, American Principles
I trust the people of Maine more than I trust government power. We don’t need to surrender our liberties to keep our towns safe. We can do both — protect our communities and protect our Constitution.
When politicians push red flag laws, they’re asking us to trade away due process for a false sense of security. That’s not the Maine way. Our rights don’t come from Augusta, and they don’t come from Washington. They come from God, enshrined in our Constitution, and secured by the sacrifices of generations.
The Bottom Line
Red flag laws fail both tests: they don’t stop criminals, and they trample the rights of law-abiding citizens. Maine deserves better. Let’s focus on solutions that actually work — more consistent enforcement, better access to mental health services, and communities that look out for one another. And we can achieve all of this while upholding the Constitution.
Once we give up rights without due process, we won’t regain them. And when we allow government to decide which rights we keep and which rights we lose, we are no longer free.
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