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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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Maine

Maine man accused of lighting bed on fire after fight with girlfriend

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Maine man accused of lighting bed on fire after fight with girlfriend


WISCASSET, Maine (WMTW) – A Maine man has been arrested after police say he intentionally set a bed on fire after a dispute with his girlfriend, while they were still in it.

Police responded Monday, March 9, to a report of a fire that had been intentionally set inside a home on Beechnut Hill Road, according to the Wiscasset Police Department.

Investigators say the homeowner, Terry Couture, 41, set the bed on fire following an argument while both he and his girlfriend were in it. Authorities said the fire was extinguished and no serious injuries were reported.

Couture was arrested and charged with attempted murder, arson, aggravated criminal mischief, and domestic violence criminal threatening with a dangerous weapon.

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The investigation is ongoing.



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Celebrate Maine Maple Weekend at Williams Family Farm

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Celebrate Maine Maple Weekend at Williams Family Farm


CLIFTON, Maine (WABI) – Maine Maple Sunday is less than two weeks away, and the Williams Family Farm in Clifton is gearing up for one of the sweetest seasons yet.

A long stretch of frost and snow meant a late start this year, but the first boil of sap has finally run through the evaporator, and maple season is officially underway.

At Williams Family Farm, everything is done by hand:

  • Fresh maple syrup, bottled on-site
  • Maple sugar, carefully extracted in small batches
  • Baked candied pecans, cashews, and more

The Williams family has spent years working with whatever weather sends their way.

Long winters, surprise warmups, and everything in between—they’ve learned how to adapt so community members can enjoy their products.

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As co-owner John Williams explains, the key is in the temperature.

“You need to have it warm during the day and still freezing at night, so typically that’s the middle of February,” said Williams. “We have a lot of trees, so we have to start tapping them before the conditions are ideal, so we start tapping way before it’s time for it to run just so we can get them all tapped. If you have ten trees in your backyard, you want to wait until roughly now, the middle of February to now, and when it’s actually running and put them in then because you can put all your taps in, in one day.”

They’re excited to welcome the community during Maine Maple Weekend on March 21 and 22.

They will be boiling up sap, hosting demonstrations, and providing free samples.

Locals can also join them for their third annual pancake breakfast where all proceeds are donated to Holbrook Recreation.

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Follow the link to find out their hours for March and more.



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AI comes with dangers and opportunities. How is Maine responding?

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AI comes with dangers and opportunities. How is Maine responding?


People watch from the gallery during a 2026 House of Representatives session at the Maine State House in Augusta. (Joe Phelan/Staff Photographer)

The ad begins with a woman standing in a department store who sort of looks like Gov. Janet Mills, but not quite.

“Introducing the Janet Mills collection, featuring a confusing choice that forces girls to compete against biological males,” the female narrator says over banal instrumental music as the video cuts to “Mills” holding a stopwatch by an outdoor track.

The Mills collection comes “with a no-parent-permission-required estrogen kit,” the narrator continues, as the imposter holds a kit of syringes while patting a boy’s hair, which seems suspiciously stiff. The commercial ends with a real picture of the governor.

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As far as ads generated by artificial intelligence go, the one from the National Republican Senatorial Committee is not very convincing. But the commercial serves as a reminder about how the emerging technology is being integrated into political campaigns and other areas of life in Maine.

If state Democratic leaders get their way, AI-generated ads like this won’t be allowed in Maine without a disclaimer.

As AI technology rapidly improves, state policymakers are weighing a variety of measures that could affect how Mainers interact with it. They are taking a two-pronged approach to protect people, especially children, from potential harms — while also preparing for the possible benefits.

Gov. Janet Mills acknowledges the Maine State Legislature as she begins her final State of the State Address in the House Chamber in Augusta on Jan. 27 (Daryn Slover/Staff Photographer)

The technology comes in the form of virtual personal assistants, internet search results and targeted advertising by businesses. It’s being used by governments for things ranging from traffic signals to budgets and policymaking to facial recognition to surveillance.

Mills said in a written statement that AI could help improve lives, drive economic growth and solve complex problems, but that it must be used in a “prudent, responsible, and ethical manner.”

“As AI becomes more prevalent in our society, its considerable promise must be balanced against harms — known and unforeseen — that can emerge from its widespread use,” she said. “It’s clear we’re only at the beginning of AI’s evolution.”

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The governor has proposed $6.7 million in her supplemental budget to begin implementing some of the recommendations of a 21-member task force she created last year to study the issue.

Her proposal, which is being reviewed by lawmakers, would create a statewide AI literacy campaign; fund local and state partnerships to help municipalities use the technology and offer grants to support job training programs to keep Maine’s workforce competitive and productive in AI-enabled workplaces, among other things.

Lawmakers, meanwhile, are considering bills to address potential harms. In a rare bipartisan move, Republicans and Democrats voted unanimously last month in support of a bill (LD 524) making AI-generated child sex abuse material illegal. But that bill must receive about $55,000 before it can be sent to the governor.

They are also considering bills:

  • To require political ads in state and local elections to include a disclosure when AI-generated or altered material is used (LD 517).
  • To stop human-like chatbots or social AI companions from interacting with children (LD 2162).
  • And to regulate how the technology is used in mental health settings (LD 2082).

Last year, lawmakers passed a measure including AI-generated images in the state’s ban on so-called “revenge porn,” and one requiring companies to inform consumers when they’re interacting with an AI assistant. Mills signed both into law.

Other proposals regulating AI use in medical and dental insurance claims and in setting rents died in committees. So did one prohibiting the use of AI in “dynamic pricing,” in which businesses use the technology to offer different real-time prices to different consumers.

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Over 1,000 measures focusing on artificial intelligence were debated in state capitols last year, the National Conference of State Legislatures said.

Some states, such as Colorado and California, are taking steps to enact a broad regulatory framework for AI. California has provisions preventing discrimination in the workplace and requiring watermarks on AI content and transparency around data used to produce reports.

But Maine lawmakers are seeking to address potential harms on a case-by-case basis — at least for now.

Rep. Amy Kuhn. D-Falmouth, is leading House Democratic efforts to regulate artificial intelligence. (Joe Phelan/Staff Photographer)

“I think of it as almost a whack-a-mole type of approach where we are developing legislation that very narrowly addresses specific harms of AI,” said Rep. Amy Kuhn, D-Falmouth, who is taking the lead for House Democrats.

“That sort of overarching regulatory framework just feels a little premature for Maine to me right now. I want to see that work its way through the states and let some other states take a swing before we get in there.”

Republicans, however, are worried about overregulation.

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Rep. Jennifer Poirier, R-Skowhegan, supports protecting children from artificial intelligence caused by AI, but thinks adults need to use common sense. (Joe Phelan/Staff Photographer)

Rep. Jennifer Poirier, R-Skowhegan, said her caucus is focused on protecting children from potential harms associated with AI, but she worries that regulation will never keep up with AI’s evolution.

“You can’t always legislate your way out of everything,” Poirier said. “If you have a minor that has access to AI, and it can be used to harm them in any way, it’s our responsibility as adults to keep them safe. … But we are adults, and we need to use our own common sense.”

A recent poll from Pan Atlantic Research showed widespread concern about AI, with 66% of the 810 Mainers surveyed saying they’re mostly concerned about the potential problems of AI, while 25% were mostly optimistic.

More advanced programs can generate text, analyze reports and create increasingly lifelike images and videos. A recent AI video purporting to show Tom Cruise and Brad Pitt throwing down over the death of convicted sex offender Jeffrey Epstein raised alarm bells in Hollywood over its realism.

Other programs have been used by businesses in ways critics say can be exploitative. Consumer Reports recently published a story about how the online grocery shopping service Instacart used AI to charge certain customers higher prices — up to 23% more — if they were flagged as having higher incomes. Instacart reportedly stopped offering stores this option for “surveillance pricing” after the story was published in December.

A lobbying effort is underway to promote AI regulation in Maine. The “Protect What’s Human” campaign launched a website earlier this year, and a spokesperson said they have invested about $210,000 in ads supporting AI regulations. The commercials are targeting Republicans voters in the Bangor and Portland regions. The group is planning to spend another $110,000 on TV, streaming services, social media and podcasts.

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Other proposals passed by the Legislature reflect lawmakers’ attempts to get ahead of the AI issue in indirect ways.

The House and Senate have each recently passed a strict data privacy law that would greatly restrict the amount of data — a person’s location, browsing and shopping histories and biometric information, for example— that companies can collect, store and sell. One of the main arguments was that such data can be used to train AI models. However, the chambers will have to iron out the differences between their two versions of the measure, LD 1822, if it is to become law.

And local residents are beginning to grapple with proposed data centers, which have been controversial in other parts of the county because they consume large amounts of water. This is especially true for centers powering AI.

Lawmakers are considering a bill, LD 307, to create a moratorium on such centers and establish a state council to study and review the impact of building them in Maine.

Construction is underway on a data center in Aroostook County, while another is being proposed in Sanford. Others have been proposed in Wiscasset and Lewiston, but did not move forward.

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“This whole world is shifting to computer everything,” Poirier said, “and it’s important that we keep up with the times on that.”



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