Carlsbad man faces 'Gun Violence Emergency Protective Order': What this means
Dec 19, 2024
WARNING: The contents of this article discusses mental health issues and suicide. If you or someone you know is having suicidal thoughts, call the San Diego Access & Crisis Line at (ACL) 1-888-724-7240.
CARLSBAD, Calif. (FOX 5/KUSI) -- A 20-year-old man from Carlsbad, who authorities say was found to be in contact with a school shooter in Wisconsin, is now facing a potential Gun Violence Emergency Protective Order, court documents show.
On Wednesday, the Carlsbad Police Department filed the petition against the man, with a hearing on the restraining order scheduled for Friday, Jan. 3, 2025. The move follows revelations by law enforcement, reportedly linking the man to 15-year-old Natalie "Samantha" Rupnow.
The teen opened fire during a study hall at Abundant Life Christian School in the city of Madison, Wisconsin earlier this week. One student and a teacher were killed amid the carnage, and six others were injured, authorities confirmed. Rupnow was also found dead at the school by an apparent self-inflicted gunshot wound, Wisconsin authorities said.
As reported by the Associated Press, a California judge issued the restraining order against the Carlsbad man under the state’s "red flag law," just days after the Wisconsin shooting. This type of gun confiscation legislation is intended to temporarily remove firearms from a person who has been deemed a threat to themselves or a person who has been deemed a threat to someone else.
Also reported by the Associated Press, the Carlsbad man is suspected of plotting a mass shooting with Rupnow. Police say he had been messaging her prior to the shooting. He reportedly told FBI agents that he had discussed with Rupnow potential plans to target a government building while arming himself with explosives. When and where the potential act was to take place in unknown.
As of Thursday, no charges have been announced against the Carlsbad man. Though the protective order has been filed, local authorities have not yet commented on whether it is solely linked to apparent communications with the teen shooter in Wisconsin. FOX 5/KUSI has reached out to the Carlsbad Police Department for comment but has yet to receive a response. Meanwhile, the FBI San Diego declined to provide a statement on the matter.
Understanding California's Gun Violence Emergency Protective Order
In an effort to address gun violence, California lawmakers created a legal measure designed to prevent imminent harm from individuals deemed to pose a threat to themselves or others due to their access to firearms. It is known as the Gun Violence Emergency Protective Order, or GVEPO.
The GVEPO allows law enforcement officers to temporarily remove firearms from individuals who are identified as a danger, even if no criminal charges have been filed against them. This law was introduced as part of California's broader efforts to reduce gun violence and protect public safety.
What is a GVEPO?
A GVEPO is a court-issued order that temporarily prohibits a person from purchasing, possessing or receiving firearms. The order can be requested by law enforcement when there is a reasonable belief that an individual is at risk of using a firearm to harm themselves or others.
The GVEPO can be sought by police officers or law enforcement agencies after responding to a situation where an individual’s behavior or circumstances suggest they may be a danger to themselves or others. These situations might involve threats of violence, severe emotional distress or the presence of firearms at a scene where someone is exhibiting concerning behaviors.
How does the GVEPO work?
When a law enforcement officer believes that a person poses an imminent risk due to their access to firearms, they can file for an emergency order. If granted by a judge, the order can last for up to 21 days. During this period, the individual must surrender their guns and they are prohibited from purchasing new firearms.
The goal, according to lawmakers, is to allow time for law enforcement, mental health professionals or other authorities to evaluate the situation and determine if longer-term intervention is necessary. If so, a Gun Violence Restraining Order would then be issued, which can last for up to a year.
The impact
California's GVEPO is a key part of the state's broader efforts to prevent mass shootings, suicides and other gun-related incidents. By providing a mechanism to temporarily remove firearms from those who pose a potential threat, officials with California Attorney General's office say the GVEPO helps to reduce the immediate risk of violence and allows time for proper intervention.
It is particularly beneficial for addressing the complex issues related to mental health and gun violence. Many instances of gun violence, including suicides, involve individuals who may not have previously been flagged as a criminal threat but are at risk due to mental health struggles or sudden emotional distress. The GVEPO aims to intervene before these situations escalate into tragedy, officials explain.
More information on GVEPOs can be found here: https://oag.ca.gov/ogvp/gvro-dvro.