Maine ERPO Act: Question 2 and the 2025 Ballot Initiative
Maine is preparing for a significant vote regarding firearm regulations in the upcoming November 2025 election. At the center of the debate is Question 2, a citizens' initiative known as the ERPO Act. This proposal seeks to expand the state's ability to temporarily remove firearms from individuals deemed a danger to themselves or others.
The Path to the Ballot
The journey of the ERPO Act began with a grassroots effort led by the Maine Gun Safety Coalition. In January 2025, the coalition announced it had gathered more than 80,000 signatures from Maine residents. Following a validation process in March 2025, the initiative was officially certified for the ballot.
The process was not without conflict. In June, gun owners' rights groups threatened legal action against the Maine Legislature, citing state law requirements for a public hearing on the proposed Act. While the Legislature eventually held the hearing, they did not vote to enact the Act themselves. Consequently, the decision has been passed to the voters.
Comparing Yellow Flag and Red Flag Laws
To understand the impact of Question 2, it is necessary to distinguish between the current "yellow flag" laws and the proposed "red flag" capabilities of the ERPO Act. A yellow flag law is a more limited version of a red flag law, focusing on specific triggers for firearm removal.
Under Maine's existing yellow flag laws, only law enforcement officers can confiscate firearms, and a judge requires a mental health evaluation to authorize the removal. Crucially, the individual must first be taken into custody and subjected to that evaluation before a temporary gun removal order can be obtained.
The ERPO Act (Question 2) would remove these specific prerequisites. If passed, law enforcement could obtain a court order to remove firearms without first detaining the individual or requiring a prior mental health evaluation. This allows authorities to secure weapons while the individual is away from their home or vehicle.
Key Facts
- Ballot Designation: Question 2 on the November 2025 ballot.
- Support: Over 80,000 signatures gathered by the Maine Gun Safety Coalition.
- Current Law: Maine utilizes yellow flag laws requiring custody and mental health evaluations.
- Proposed Change: Allows court-ordered firearm removal without prior detention or mandatory evaluation.
- Certification: The initiative was validated in March 2025.
| Feature | Current Yellow Flag Law | Proposed ERPO Act (Question 2) |
|---|---|---|
| Custody Requirement | Individual must be taken into custody | Not required for court order |
| Mental Health Evaluation | Required before removal order | Not required for court order |
| Removal Timing | After detention/evaluation | Can occur while individual is away |
Frequently Asked Questions
What is Question 2 on the November 2025 ballot?
Question 2 is a citizens' initiative known as the ERPO Act, which proposes changes to how firearms are temporarily removed from individuals who may be a danger to themselves or others.
How does the ERPO Act differ from Maine's current yellow flag laws?
Unlike current laws, the ERPO Act would not require an individual to be taken into custody or undergo a mental health evaluation before a court order for firearm removal is issued.
Who initiated the ERPO Act?
The initiative was driven by the Maine Gun Safety Coalition, which gathered over 80,000 signatures to qualify the act for the ballot.
Why didn't the Maine Legislature simply pass the law?
Although the Legislature held a public hearing following threats of a lawsuit from gun rights groups, they did not vote to enact the Act, leaving the final decision to the voters.
Can law enforcement remove guns without the owner present under the ERPO Act?
Yes. If Question 2 passes, law enforcement would be able to obtain a court order to remove firearms from a home or car without having to find and detain the individual first.