Failures in Maine – What Can We Learn?

Now that the alleged Maine shooter has been found, dead from an apparent suicide, more details are beginning to surface. Within those details are some critical failures that, had they been acted upon, may have prevented the shooting from even happening.

In a recent ABC News report, according to a US Defense Department official, the shooter was “behaving erratically” while deployed this past summer with his Army Reserve unit in Upstate New York. The shooter allegedly threatened other soldiers with violence and was “command directed” to go to the hospital for evaluation. This behavior was reported by Leaders of the Army Reserve’s 3rd Battalion, 304th infantry Regiment on July 17, 2023 to the garrison staff. The unit requested that law enforcement be contacted “out of concern for his safety”. New York State police responded and took the shooter to Keller Army Community Hospital for medical evaluation.

In September, 2023, Police in Maine were alerted to the shooters threats. A statewide alert was sent to be on the lookout for the shooter following the threats made by him against his base and fellow soldiers. Patrols of the base were increased and a visit to the shooter’s home were made, but neither action turned up the shooter. Following this action, no additional effort was made by the police to track down the shooter.

Now it is very easy to look at this with the benefit of hindsight, but these are the signs that the left is always calling for in their “red flag” laws. Gun control advocates are quick to point out that Maine does not have a “red flag” law. However, what Maine does have is a “yellow flag” law. The difference between red and yellow flag laws, is that a red flag can be reported by just about anyone, family, friends, co-workers, police, medical professionals, etc. However, “yellow flag” alerts can only be issued by police and medical professionals.

We are seeing another push for more red flag laws, but this case shows that red flag laws would not have made a difference, since the shooter’s military leaders, and two state police agencies were aware of him and his threats. They had enough evidence to act on the yellow flag laws.

I am not a fan of “Red (or yellow) flag” laws, as there is a potential for them to be abused, however, under the circumstances here, where the shooter made threats, was admitted to a mental facility and clearly had some major issues going on within his mind, the yellow flag laws should have been enforced. There was evidence of his erratic behavior and multiple law enforcement agencies were alerted. The Sagadahoc County Sheriff, whose jurisdiction includes the shooters home sent an alert to every law enforcement agency in the state when the shooter was not located.

Rather than pushing for more laws, we need to enforce the laws already on the books. This is the problem with the gun control crowd. If a law doesn’t work the answer is to make more laws, rather than look at the failures of the laws that already on the books. They are hyper-focused on the “how”, rather than the “why”. As long as we continue to ignore the “why” it doesn’t matter how many “hows” we try to make laws against. It is time for us as a country to stop and take a long look in the mirror. Why is our society breaking down so much? What can we do to fix that. Focusing on banning guns is a band-aid to the real problem.

Update 10/31/2023

According to an AP report, the family of the shooter reached out to law enforcement 5 months before the shooting to report their concerns about his deteriorating mental health and access to firearms. Additionally, on September 15, 2023 a sheriff’s deputy was sent to visit Card’s home for a wellness check at the request of the reserve unit after a soldier reported his concerns that Card was “going to snap and commit a mass shooting” because he was hearing voices again. The deputy went to Card’s trailer but could not find him — nor the next day on a return visit. The sheriff’s department then sent out a statewide alert for help locating Card with a warning that he was known to be “armed and dangerous” and that officers should use extreme caution.

Additionally the shooter had attempted to purchase a suppressor. When he went to pick it up on Aug 5, 2023 he answered “yes” to the “Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?” question. The federal authorities approved the application, but the gun shop owner denied the sale due to this being an automatic disqualification for purchasing any firearm or other NFA regulated item. Great job to the gun shop owner doing what the government should have done.

It was also reported that the military took away the shooters military issued weapons, and the family had taken his personal weapons and locked them in a family safe. It is unclear when and where the shooter acquired the weapons used in the attack: A Ruger SFAR AR-10 rifle, A Smith & Wesson M&P 15 AR-15 Rifle and a Smith & Wesson 40 Caliber Pistol. Authorities report they found additional weapons as well.

While many are pointing to the guns as the primary issue, the real issue here is twofold. first there was a clear mental illness issue at play, and while the family and fellow soldiers reported this, it led to the second and most critical issue: the failure of law enforcement to follow through on the existing yellow flag laws and do more to prevent the mass shooting.

Rather than more laws, we need to enforce the laws already on the books, and do more to help provide for mental illness care. Mental illness is a major factor in many of the mass shootings taking place in America.