A state lawmaker wants to raise awareness around a gun safety initiative that’s been seen as a compromise in the debate around gun violence and gun ownership, and a top Tulsa law enforcement officer says, with caveats, he's supportive of the effort.
In 2019, Maine passed a “yellow flag law.” Unlike red flag laws in effect in about 20 states, Maine’s law requires a medical assessment of people who may be dangerous before a judge can sign off on removing their guns. Proponents say the extra step adds "due process" and cuts down on potential abuses of power.
Rep. Mickey Dollens (D-Oklahoma City) said Maine’s law deserves to be talked about in the aftermath of the death of Oklahoma County Sheriff Sgt. Bobby Swartz. Swartz was shot to death Aug. 22 by a man with mental health concerns known to law enforcement.
“I think [Maine's law] is important to at least bring up. People should know there are solutions,” said Dollens. “Unfortunately, in the make up of the current state legislature, a bill like it or any other common sense gun reform has no chance of passing anytime soon.”
Oklahoma’s statehouse has worked to ease gun restrictions over the past decade. In 2019, the same year Maine enacted its yellow flag law, Oklahoma passed House Bill 2597 allowing Oklahomans 21 and over to openly carry guns without a permit or training. Detractors say the bill is the work of the gun lobby and is out of step with the wishes of voters.
Dollens said the best bet for any gun safety initiative is a vote of the people.
“Some of the most impactful legislation that we’ve seen in the state of Oklahoma has come from a vote of the people gathering enough signatures to get an idea put on the ballot. For example: medical marijuana, criminal justice reform, Medicaid expansion. I mean, just because of Medicaid expansion alone over 250,000 Oklahomans now have health insurance. That would’ve never happened if we didn’t have the ballot initiative,” said Dollens.
In an interview with Public Radio Tulsa, Sheriff Vic Regalado said he supports a state’s or county’s right to develop localized yellow flag laws, especially since Maine’s law relies on the reports of law enforcement. Under some red flag laws, coworkers and family can initiate extreme risk protection orders but that isn't true in Maine.
“What I do support and like about it is that police and law enforcement are kind of the first to take action under a yellow flag law. Then, it takes an evaluation, so there’s kind of a due process involved unlike the red flag laws,” said Regalado.
Specific factors would need to be addressed, Regalado said, including whether or not someone cleared as being safe to keep firearms would have the investigation they went through flagged on their criminal record.
“There’s always unintended consequences,” said Regalado.
When asked if he might be the appropriate person in Tulsa to begin working out those details, Regalado said he could start the conversation but he would need interest from others including the district attorney, the municipal police, and other county officials.
“I think everyone who has a vested interest in this should be at the table. We already have a model in Maine we can look at,” said Regalado. “There’s obviously a legislator looking at this. Hopefully, I think, just like anything else, that a committee would be brought together or at least invitation to heads of law enforcement, district attorneys, to come look at it, and see what we can develop here in Oklahoma.”
