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Rep. Tammy Schmersal-Burgess: Maine’s 72-hour waiting period violates the Constitution

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Rep. Tammy Schmersal-Burgess: Maine’s 72-hour waiting period violates the Constitution


Tammy Schmersal-Burgess

Article 1, Section 16 of the Maine Constitution states the following: “Every citizen has the right to keep and bear arms and this right shall never be questioned.”

Now read the second phrase of that Constitutional section again… “and this right shall never be questioned.”

I assert that Maine’s recent passage of a 72-hour waiting period to purchase a firearm is a clear violation of its constitutional law in that, “Shall never be questioned” is indeed being questioned. Further, it is a right delayed and therefore a right denied.

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It does not matter what political party you subscribe to. The Constitution of Maine is a bipartisan document. It applies to all of us and it is up to all of us to protect it.

A violation of our rights as Maine citizens isn’t the only cancerous element about the new 72-hour waiting period, there is also a very dark economic side as well.

Maine is a very rural state largely comprised of small towns and villages. This makes traveling long distances a must for most shoppers. Out-of-staters are often dismayed by the length of time and distance that we will drive to make a purchase. We don’t mind; we’ve always done it.

If you live in a small town in Western Maine, for example, you regularly shop in Lewiston or Portland. Imagine now that you travel to Portland to shop. You find an item you want but are told that after you buy it, you’ll have to return in three days to pick it up. It is not likely then that you will do that. Time and travel are expensive.

Now imagine shoppers from the very rural areas of Aroostook County, where retailers are extremely limited. Their trips may include a night or two at a hotel.

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Most gun stores are also sporting goods stores and count on the sale of items other than firearms to make a profit. The 72-hour waiting period is certain to have a very harsh effect on these retailers. Even now, Maine’s largest firearm dealer, Kittery Trading Post, has publicly stated that it is considering moving its operation to neighboring New Hampshire where no such law exists. Now consider how much that move will cost Maine in sales tax revenue. That number is staggering.

Let us face the naked and painful truth. The tragedy that befell Lewiston was horrible. It was and is an egregious affront to all Mainers and especially those hundreds of thousands of law-abiding gun owners — hunters, sportsmen and women across the state — but we cannot lose sight of the fact that this was not a gun problem. This was a problem of Maine mental health agencies, supervisors and law enforcement agencies on many levels that dropped the ball where this shooter was concerned.

It was not the gun and it was not Maine gun owners who bear the burden of this tragedy. Those who were responsible for not utilizing Maine’s existing “yellow flag” law and letting this man go unchecked bear that burden.

Still, Maine Democrats of the state Legislature decided that it was time for some “feel good” legislation and, without a thorough thought process, jerked a knee and passed new gun laws. There, now that ought to make us all feel better, right? No. They have opened up a can of economic woes on retailers across the state and simply delayed a right to the people of the state of Maine and, by doing so, stepped on the Maine Constitution to deny a right.

Tammy Schmersal-Burgess of Mexico represents state House District 77.

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Cooling centers to open in Maine as heat, air quality advisories take effect Wednesday

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Cooling centers to open in Maine as heat, air quality advisories take effect Wednesday


Many Maine municipalities will open cooling centers this week with the National Weather Service issuing a variety of heat advisories covering the next few days.

The Maine DEP also issued an air quality alert for Wednesday with ground-level ozone expected to reach levels that are unhealthy for sensitive groups.

All of York County, interior Cumberland and Androscoggin counties, and the southern half of Oxford County will fall under an extreme heat warning from 11 a.m. Wednesday to 8 p.m. Friday.

The warning calls for “dangerously hot conditions” that could feature heat index values of up to 110 degrees, with overnight lows only expected to fall into the 70s, according to the weather service’s office in Gray.

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The rest of the state — save northern Aroostook, Piscataquis and Somerset counties — falls under a heat advisory from 11 a.m. to 8 p.m. on Wednesday. However, the weather service has also placed much of the state under an extreme heat watch for Thursday.

Heat index values, which measure how hot it feels to the human body when relative humidity is combined with the air temperature, are expected to reach up to 104 degrees during the heat advisory period, the weather service warns. They could reach 110 degrees Thursday, when the extreme heat watch is in effect.

Northern Oxford and Franklin counties, and central Somerset County, can expect a heat index value of up to 99 degrees Wednesday, according to the weather service.

The weather service advises people to drink plenty of fluids, stay in air-conditioned rooms when possible, avoid extended periods in the sun and check up on relatives and neighbors. It also warns not to leave young children and pets in unattended vehicles, as “car interiors will reach lethal temperatures in a matter of minutes.”

Cooling Centers
  • Acton
    • Acton Town Hall, 35 H Road; Wednesday and Thursday, 9 a.m. to 5 p.m.
  • Alfred
    • Parson Memorial Library, 27 Saco Road; Wednesday, 9 a.m. to 5 p.m.
  • Arundel
    • Arundel Town Hall, 257 Limerick Road; Tuesday, Wednesday and Thursday, 7 a.m. to 5:30 p.m.
  • Auburn
    • Auburn Senior Community Center, 48 Pettengill Park Road; Wednesday through Friday, 10 a.m. to 6 p.m.
    • Auburn Public Library, 49 Spring St.; Wednesday and Thursday, 9 a.m. to 6 p.m.
    • The Drop-In Center, 121 Mill St.; Wednesday, 9 a.m. to 1 p.m.
  • Augusta
    • Augusta Civic Center, 76 Community Drive; Thursday, 9 a.m. to 5 p.m.
  • Berwick
    • Berwick Fire Department, 3 Public Safety Way; Wednesday, Thursday, Friday, 8 a.m. to 5 p.m.
  • Buxton
    • Buxton Town Hall, 185 Portland Road; Wednesday, 11:30 a.m. to 7:30 p.m.; Thursday, 8:30 a.m. to 4:30 p.m.
    • As-needed on Friday and Saturday; call Buxton Dispatch at 207-929-5151
  • Cape Elizabeth
    • Thomas Memorial Library, 6 Scott Dyer Road; business hours (Monday, Wednesday, Friday, and Saturday, 10 a.m. to 5 p.m.; Tuesday and Thursday, 10 a.m. to 7p.m.)
  • Cornish
    • LeRoy F. Pike Memorial Building, 17 Maple St.; Tuesday and Wednesday, 8 a.m. to 3 p.m.
  • Falmouth
    • Mason Motz Activity Center, 190 Middle Road; Wednesday, 8 a.m. to 5 p.m.; Thursday, 8 a.m. to noon
    • Falmouth Memorial Library, 5 Lunt Road; Wednesday and Thursday, 9:30 a.m. to 5 p.m.
    • Family Ice Center, 20 Hat Trick Drive; Wednesday and Thursday, 5 a.m. to 9 p.m.; Friday, 5 a.m. to 5 p.m.
  • Hollis
    • Hollis Town Hall, 34 Town Farm Road; Wednesday, 11 a.m. to 7 p.m.; Thursday, 9 a.m. to 4 p.m.
  • Kennebunkport
    • Kennebunkport Police Department, 101 Main St.; Tuesday through Friday, 6 a.m. to 9 p.m.
    • Church on the Cape, 3 Langsford Road; Tuesday through Thursday, 9 a.m. to 4 p.m.
    • Louis T. Graves Library, 18 Maine St.; Tuesday through Thursday, 9:30 a.m. to 5 p.m.
  • Lewiston
    • Alter LA, 70 Horton St.; Wednesday through Friday, 10 a.m. to 6 p.m.
  • Limington
    • Old Town Hall, 297 Sokokis Ave.; Wednesday, 9:30 a.m. to 3:30 p.m.; Thursday, 11:30 a.m. to 3:30 p.m.
  • North Berwick
    • D.A. Hurd Library, 41 High St.; Wednesday, 9:30 a.m. to 5 p.m.; Thursday, 11 a.m. to 7 p.m.
  • Old Orchard Beach
    • Libby Memorial Library, 27 Staples St.; Wednesday thru Friday, 9 a.m. to 6 p.m.
    • Recreation Department, 140 Saco Ave.; Wednesday and Thursday, 8 a.m. to 4 p.m.
    • Salvation Army, 2 6th St.; Thursday and Friday, 9 a.m. to 3 p.m.
  • Ogunquit
    • Ogunquit Fire Department, 13 School St.; Thursday and Friday, 9 a.m. to 5 p.m.
  • Portland
    • Portland Public Library, 5 Monument Square; Wednesday and Thursday, 10 a.m. to 6 p.m.
    • Troubh Ice Arena, 225 Par Ave.; Friday, 10 a.m. to 5 p.m.
  • Saco
    • Saco Transportation Center, 138 Main St.; Wednesday and Thursday, 8 a.m. to 4 p.m.
  • Scarborough
    • Scarborough Public Library, 48 Gorham Road; business hours (from 9 a.m. until 5 p.m. Mondays and Fridays, until 7 p.m. Tuesdays through Thursdays, until 1 p.m. Saturdays).
  • Shapleigh
    • Shapleigh Community Building, 24 Back Road; Wednesday through Friday, 9 a.m. to 5 p.m.
  • South Berwick
    • South Berwick Library, 27 Young Road; Thursday and Friday, 9 a.m. to 5 p.m.
  • South Portland
    • South Portland Community Center, 21 Nelson Road; Wednesday and Thursday, 6 a.m. to 9 p.m.
    • Main Library, 482 Broadway; Thursday, 10 a.m. to 8 p.m.; Friday, 10 a.m. to 6 p.m.
    • Memorial Branch Library, 155 Wescott Road; Wednesday and Thursday, 12 p.m. to 5 p.m.
  • Westbrook
    • Walker Memorial Library, 800 Main St.; business hours (from 10 a.m. until 5 p.m. Monday and Wednesday, until 6 p.m. Tuesday and Thursday)
    • Westbrook Community Center, 426 Bridge St.; Wednesday and Thursday, 8 a.m. to 5 p.m.
  • York
    • York Town Hall, 186 York St.; Thursday, 8 a.m. to 4 p.m.
    • York Public Library, 15 Long Sands Road; Wednesday and Thursday, 10 a.m. to 7 p.m.

The Maine Department of Environmental Protection has also issued an air quality alert from 10 a.m. to 11 p.m. on Wednesday along the coast from Kittery to Acadia National Park. The agency warns that ground-level ozone concentrations are expected to reach levels that are unhealthy for sensitive groups.

Ozone levels may reach “moderate levels” further inland, according to the Maine DEP, including in all of Androscoggin and Kennebec counties, as well as parts of Cumberland, Knox, Lincoln, Penobscot, Sagadahoc, Waldo, Washington and York counties.

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Elevated ozone levels can pose a risk to children, older adults and people suffering from respiratory or heart diseases, according to the Maine DEP. Anyone exerting themselves outdoors may also experience health effects, which could include coughing, shortness of breath, throat irritation and mild chest pain.

Ozone levels were already climbing in southern New England on Tuesday, according to the Maine DEP, and winds are expected to bring those conditions to Maine on Wednesday.

The Maine DEP recommends that vulnerable populations avoid strenuous outdoor activities, keep windows closed, and circulate indoor air with fans or air conditioners. Those with asthma are also advised to keep quick-relief medication handy.

Particle pollution levels are also expected to be moderate across the state on Wednesday due to wildfire smoke, the Maine DEP said in its announcement Tuesday. Wildfires in Colorado, which have claimed the lives of three firefighters, had burned nearly 90,000 acres as of Tuesday, according to the Denver Post.

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Maine could face $50M in penalties from federal food assistance policy changes

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Maine could face M in penalties from federal food assistance policy changes


Maine could face up to $50 million in penalties next year due to errors in its payments for federal food benefits under the Supplemental Nutrition Assistance Program.

Newly released data from the U.S. Department of Agriculture find that Maine’s error rate last year was nearly 11%, the bulk of which were overpayments. That’s in line with the U.S. average. But starting in October of next year, states with error rates above 6% must cover a portion of the SNAP benefits.

Anna Korsen, executive director of Full Plates, Full Potential, said the overpayments aren’t fraud — they’re human error. She said this new cost-shifting policy enacted last year under the Trump administration further complicates the SNAP application process.

“Instead, we could make this program more accessible and more efficient,” Korsen said. “And that would reduce the number of errors and also ensure that Mainers who are eligible for SNAP have access to it.”

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She’s urging Congress to delay or reverse the policy under the farm bill that’s currently under consideration.

Maine’s Department of Health and Human Services said it’s taking steps to reduce the error rate, including modernizing its systems and hiring an additional 40 eligibility specialists.

This story appears through a media partnership with Maine Public.



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Maine driver to honor friend Kyle Busch during Celebration of America 300

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Maine driver to honor friend Kyle Busch during Celebration of America 300


PORTLAND (WGME) — The third annual Celebration of America 300 is set for Thursday night at Oxford Plains Speedway.

This race was a favorite of NASCAR star Kyle Busch, who tragically passed away back in May. He was just 41.

Now, a Maine-born driver who worked on Busch’s team is ready to take the 8 car into victory lane.

For the past five years, Windham native Derek Kneeland was Busch’s eye in the sky, working as a spotter for the cup star. Kneeland says his relationship with Busch was like a brotherhood.

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“I was fortunate enough where I got to have a personal relationship with him,” Kneeland said. “He came up, and he ran several races with me in late models and stuff at Oxford and Lee Speedway, and we got to do a lot of cool things together.”

Kneeland says dealing with the sudden loss has been both painful and difficult.

“It’s still hard,” Kneeland said. “I’m having a hard time with it. The weekdays are the hardest. At the track is where I’m most comfortable.”

Kneeland will be at the track and behind the wheel Thursday night, competing in the Celebration of America 300, driving the number 8 car.

“You know, a few days after everything went down, his dad called me, and his dad is a man of very few words, and I said, ‘You know, I’m thinking about running the 8 or 51 as long as I have your guys’ blessing, I would like to do that.’ And he said, ‘Short track world knows him as 51, but the world knows him as 8,’” Kneeland said.

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Kneeland says it will be an emotional race, but he’s confident he’ll have a special co-pilot leading the way.

“Hoping he’s going to be on my shoulder and give me the guiding way and but to win it for Kyle, I think that would put the stamp on it,” Kneeland said.



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