Santa Fe judge issues order blocking teen from firearms under rarely used red-flag law
Aug. 19—A state District Court judge in Santa Fe has issued an order barring an Edgewood teenager suspected of threatening to shoot up a school from possessing firearms for the next year under New Mexico's infrequently used Extreme Risk Firearm Protection Act.
Judge Shannon Bulman issued the order against 17-year-old Emma Haviland, also known as Tom Haviland, who was arrested in June after being accused of posting a school shooting threat on the social media platform Yik Yak.
The social media platform is steeped in anonymity. Users can make public posts, which are visible to those within a 5-mile radius, without any profile information being listed.
New Mexico State Police and FBI agents traced the June 9 post — which stated, "Hello Edgewood. Anyone want to shoot up the school? I need a partner" — to an IP address at Haviland's home, according to the judge's order and previous reports.
The order also referenced Haviland's recent weeklong stay at the University of New Mexico Children's Psychiatric Hospital and pending criminal charges against the teen — including counts of attempt to commit felony aggravated battery with a deadly weapon, making a shooting threat, interference with the educational process and disorderly conduct — as reasons Haviland should not be allowed to possess firearms.
Another key factor, according to the order, was that Haviland's parents had made an inquiry about acquiring a restraining order against the teen.
New Mexico's so-called red-flag order — which has been applied less than 20 times statewide in the two years since it was enacted, according to the Administrative Office of the Courts — requires a friend, family member or other person close to an individual believed to be at risk of harming themselves or others with a firearm to file a petition before the courts will consider issuing an order to prohibit the individual from possessing weapons.
Lawmakers tried in 2021 to expand the law so that law enforcement officers and prosecutors could petition the court for such orders, but the measure didn't pass.
Haviland's mother did not respond to a message seeking comment Thursday except to provide the name of Haviland's attorney, Ian King, who did not immediately respond to call seeking comment.
Haviland told New Mexico State Police agents the threat was a joke, according to a news release the state agency issued in June announcing Haviland's charges.
However, the agency said it doesn't take such threats lightly.
"Investigating violent threats like the one involved in this incident is of the utmost importance to the New Mexico State Police," Chief Tim Johnson said in a statement. "I applaud our agents for their dedication to keeping our communities safe and for their quick and thorough actions, which led to the charges in this case."
Raul Bujanda, special agent in charge of the FBI office in Albuquerque, said at the time the federal agency also takes seriously any threats against schools and other public places.
"Even hoax threats disrupt school and waste law enforcement resources," Bujanda said in a statement.
