US military needs to improve how it interacts with red and yellow flag laws

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Even as we wait for the U.S. Army inspector general to conclude its review of the circumstances leading up to the Oct. 25 mass shooting in Lewiston , it is abundantly clear that U.S. Army Reserve officials missed chances to potentially avert this tragedy caused by one of their soldiers.

U.S. Sen. Susan Collins has rightly identified the need to improve how the military engages with state and local authorities to share relevant information about potential threats from servicemembers. She plans to introduce legislation to that effect, pending the inspector general review, and her attention and emphasis on this issue remains critical. This is one of the several areas of needed action in response to the Lewiston shooting, and the numerous missed warning signs that led up to it.

Notably, Collins had a meaningful exchange on this subject with U.S. Secretary of Defense Lloyd Austin last week. Austin expressed a willingness to work with her, which is a good sign. That positive indication, however, needs to be followed by clear and binding legislation.

“On October 25, 2023 – that was the darkest day in Maine history in my lifetime. Eighteen Mainers lost their lives, 13 others were injured in the worst mass shooting that we have seen,” Collins said during a May 8 Appropriations Committee hearing . “The killer, Robert Card, was a Sergeant First Class in the U.S. Army Reserve. The governor of Maine established an independent commission that has issued an interim report. And that report included several very troubling findings about missed opportunities to prevent this tragedy.”

The independent commission’s interim report outlined, among other things, how Card’s Army Reserve commander failed to relay to law enforcement the recommendations from New York mental health providers that measures be taken to “safely remove” all firearms from Card’s home, and to ensure that Card attended follow-up appointments.

Collins highlighted how members of Card’s unit raised fears about him being dangerous, how he allegedly assaulted one of his fellow reservists and how he spent two weeks hospitalized in a New York mental health care facility. She also referenced the forthcoming inspector general report, which she and the rest of the Maine congressional delegation had requested .

“We have an Inspector General’s report that is underway to look at this more thoroughly,” Collins continued. “After I receive that report, I intend to draft legislation that would require our military services to report to the appropriate authorities when a service member poses a threat to him or herself, or to others, while protecting the Second Amendment rights of our service members.”

She asked Austin if he would commit to working on her with this needed legislation, to make sure that the relevant information is shared with law enforcement and state officials.

“Well, first of all, this was a tragedy, and my thoughts and prayers go out to all those affected by this tragedy. The health and welfare of our troops is very important to me, at the top of my mind all the time. So is the health and welfare of our community members,” Austin responded. “And so, absolutely, we will work with you to ensure that we have the mechanisms to, where appropriate, pass relevant information to authorities. And so, I look forward to my staff engaging your staff on this issue going forward.”

This was a valuable commitment that Collins was able to secure. The Department of Defense needs to work with Congress to improve the military’s communication around potential threats from servicemembers. But those words of agreement must be backed up with ironclad requirements in federal law to make sure that engagement improves in a consistent and meaningful way. When a member of the military presents a threat to themselves or others, relevant state and local law enforcement need to be made aware. Full stop.