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SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956

SAN DIEGO (KGTV) - A beloved country bar and safe haven for survivors of the Vegas massacre will close its doors at the end of the year. InCahoots Dance Hall & Saloon in Mission Valley will close its location on Mission Center Road on December 31. In a statement to 10News, general manager Gary Martin said that the building and land had been sold, and that the lease had not been extended. 403

SAN DIEGO (KGTV) -- A Coast Guard crewmember was injured after someone pointed a laser at a boat off the San Diego Coast Friday evening.According to the Coast Guard, the incident happened Friday around 6:30 p.m. off the coast of Ocean Beach.The crewmember was taken in for medical care after receiving eye injuries while aboard the Sea Otter, a 78-foot-long patrol boat.San Diego Police checked the nearby pier in Ocean Beach, but were unable to locate any suspects. 474

SAN DIEGO (KGTV) - A coffee shop owner in City Heights has planted a handful of coffee trees in his garden. He plans to be at the forefront of the "small-batch coffee" movement growing across San Diego."I'm learning more and more about coffee, and it's just becoming way more intriguing to me, and it's fascinating," says Justin Boone, the owner of Burly and the Bean.Boone says he planted his first tree about 18 months ago, after talking to friends about the idea. He got more interested as he heard of local farms planting the trees in large quantities."I guess it's a little risky," says Boone, "because I really don't know what the outcome is going to be."Boone says his trees won't produce enough beans to harvest for another 2-3 years. But he's excited to taste the first cup from his crop.Meanwhile, coffee is becoming a trendy new crop across the County.Frinj Coffee currently manages around a dozen farms in San Diego that have planted coffee trees. They did their first harvest over the summer.RELATED: Local Coffee Farmers Prep for First Ever HarvestAnd RE Badger and Sons recently planted about 5,000 coffee trees in the farms they manage, saying the climate along the San Diego coast mimics the tropical environment of traditional coffee-producing countries.RELATED: San Diego farmers see coffee as next cash cropThe farming community believes coffee can become a new, trendy crop as people look to buy more local products.Boone believes he's one of the first to plant trees on kind of a small, backyard-based scale.He says this is his way of giving back to the City Heights community. His business has already grown beyond his coffee shop, as he now runs a roasting plant up the street. He says he's trying to make the neighborhood a more inviting place to live."When my wife and I moved here, we were waking on the weekends, and we thought, 'There's nothing to walk to in our neighborhood. There's nothing around. There's no coffee,"' he explains. "I'm really just trying to pull this community together and kind of show light to our neighborhood." 2072

SAN DIEGO (KGTV) — A 4-acre brush fire in Chula Vista highlighted a firefighting technique that's relatively rare throughout the state: nighttime aerial water drops.Once considered too dangerous to attempt, a handful of agencies in California now have the helicopters and equipment needed to handle night operations, including the San Diego Fire-Rescue Department.San Diego Fire has been doing water drops using military-grade night vision goggles since 2005, said pilot Chris Hartnell. The agency expanded its night helicopter coverage countywide in late 2014.Only two helicopters in San Diego County have the capability to do night drops. Both were in use Wednesday when flames broke out near a riverbed just before 11 p.m. in the 2500 block of Faivre Street, near Hollister Street.CAL Fire does not currently operate firefighting helicopters at night anywhere in the state, although the agency has plans to purchase 12 new helicopters with that capability, said CAL Fire San Diego spokesman Thomas Shoots. The agency just received its first Firehawk helicopter this year and plans to put it into service in about a month, Shoots said. Two more helicopters should arrive before the end of the year, and the agency plans to acquire all 12 by 2021. 1256

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