An independent commission heard testimony from a nurse practitioner revealing that the Army was unable to utilize New York's red flag law to disarm a reservist experiencing a mental health crisis before a tragic mass shooting in Maine. The reservist, Robert Card, was evaluated at an Army hospital in July 2023, where he displayed signs of psychosis and paranoia. The nurse practitioner concluded that Card was unfit for duty and should not have access to firearms. However, Card was released from a private psychiatric hospital two weeks later.
Months later, Card carried out a mass shooting in Maine, resulting in the deaths of 18 individuals. The shooter later died by suicide. The nurse practitioner attempted to use New York's SAFE Act to temporarily seize Card's weapons but encountered limitations as the law could only be applied to New York residents. Card, a Maine resident, was in New York for training when concerns were raised about his behavior by fellow reservists.
During the commission's proceedings, a civilian Army medical contractor, Patricia Moloney, failed to appear after defying a subpoena. It was reported that Moloney declined to testify due to a potential medical malpractice claim. The commission continued its session with testimony from the nurse practitioner, who provided insights into Card's evaluation and subsequent treatment.
Recommendations were made post-hospitalization, including the confiscation of Card's personal weapons and ensuring his compliance with healthcare appointments and medication. However, limitations were noted regarding the commander's authority over soldiers outside of drill periods.
The commission previously explored New York's red flag law and Maine's yellow flag laws, both of which allow for the seizure of firearms from individuals in psychiatric crises under specific conditions. An interim report issued by the commission emphasized that law enforcement should have seized Card's guns and placed him in protective custody using Maine's yellow flag law.
Although Card's family had agreed to remove his firearms, the commission criticized law enforcement for not taking a more proactive role in ensuring public safety in such situations.
