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SAN DIEGO (KGTV) -- There are concerns about whether the difference between federal and state mental procedures is creating a danger in the community.A gun violence restraining order petition filed by the San Diego County Sheriff's Department suggests Department of Defense requirements don't translate into California's strict mental health evaluation and treatment laws.Local Court CaseStanding in front of a San Diego County judge, a Navy Sailor explained why he believes his guns seized by the San Diego County Sheriff's Department should be returned to him.10News is not naming the sailor because he was never accused of a crime.The Hospital Corpsman 2nd Class told the judge the Sheriff's Department got it wrong; he's not a danger to himself or others.In May, deputies confiscated his firearms after they responded to a call of a suicidal male at what's described as his residence.According to a petition for a gun violence restraining order, the sailor was in a bathroom with a gun in his hand threatening to kill himself.The petition states once deputies got him outside of the home, he told them he's in the military and felt alone. According to the document he "had been thinking of his best friend who had died, he is having relationship problems with his wife and his family does not speak with him. He had lost all hope today and wanted to kill himself. He drank (2) Four Loco's and laid in his bathtub full of water. He thought he would pass out and drowned [sic]. He did not pass out, so since he could not shoot himself, he was going to have law enforcement shoot him when they arrived."According to the deputies' written narrative, they believed he met the criteria for being a danger to himself because he was suicidal, and they placed him on a 72-hour hold pursuant to Welfare and Institutions Code 51-50."If an active duty military member lives within the Sheriff's jurisdiction, outside of a base, then they are responsible to obey the laws of the state of California," said a Sheriff's Deputy who spoke to 10News on a condition of anonymity.10News is not naming the member of the San Diego County Sheriff's Department because they work undercover. One of their jobs is to handle gun violence restraining orders, or GVROs for short.These civil restraining orders prohibit someone from having a gun or ammunition. Law enforcement or close family members can request it if they're afraid someone will hurt themselves or others. A temporary order is issued until a court hearing for a permanent one takes place."If we have the ability to demonstrate that this person is a danger to themselves or others, we could use GVROs to proactively prevent him from being in possession of firearms," the Sheriff's Department source said.The Sheriff's Department filed a petition for a gun violence restraining order against the U.S. Navy sailor after releasing him to staff at Balboa Naval Hospital in San Diego.According to the GVRO, "Active-duty military members placed on involuntary mental health holds at federal military treatment facilities are governed by the requirements of the Department of Defense (DoD) and implement military service instructions. The current governing instruction of DoD Instruction 6490.04. The DoD standards do not translate into California's "5150- 5152," "5250" (and related statutory) requirements, so it is not currently possible to use California's electronic Mental Health Reporting System for an active-duty member placed on a hold under DoD standards. Therefore, he would not be subject to a firearm prohibition without the issuance of a Gun Violence Restraining Order."In California, if you're taken in on a code 5150 and admitted to a mental health facility, state law makes it unlawful to possess firearms for a period of time. Experts tell 10News the patient receives a formal notification of the firearms prohibition report and the required information about the process for appeal to a judge, if they wish to appeal it.According to the California Department of Justice, a firearm prohibiting category is: "Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15."Experts 10News spoke with say things can work differently if an active duty member of the military is taken to a DOD facility."The reporting system on the federal side is a lot different than we have in our law enforcement on the state level," said San Diego attorney Vik Monder.Monder has no connection to the case but represents clients in civilian and military courts.Monder said just because someone is placed on a 72-hour hold and taken to a DoD facility doesn't mean federal authorities can permanently remove their firearms. There needs to be due process."Under the federal regulation, title 18 United States Code section 922, in order to take away someone's federal rights to a firearm that person must have been adjudicated where they've committed a crime or found guilty of committing some sort of act that warrants that individual to have their gun rights being taken away," Monder said.The sailor was released after being taken to Balboa Naval Hospital. In court he told the judge he was never admitted.In his case the judge ruled he can keep his guns.10News tried to speak with him outside of court, but he said he had no comment and told Team 10 investigator Adam Racusin he needed to check with his command staff if he could speak with 10News.The sailor never got back in touch and no one answered the door at his listed address.The San Diego City Attorney's Office said they're aware of four gun violence restraining orders involving active duty military members in the City of San Diego.A spokesperson for the City Attorney says California's GVRO does not extend to military personnel when they are on federal land or installations. 6076

SAN DIEGO (KGTV) — The threat of coronavirus still is looming and combined with a new problem of bad air quality from west coast wildfires, means there are now more reasons to wear masks, but not all masks will protect against both.The CDC currently recommends the public wear masks with two or more layers over their nose and mouth to stop the spread of COVID-19. In regards to the particulate matter in the air because of wildfire smoke, the cloth coverings are not enough protection.“If you’re wearing a cloth mask for COVID, it doesn’t necessarily mean you’re protected from those microscopic smoke particles that can still be breathed in,” said Robert Reider, Interim Director of the San Diego Air Pollution Control District, or SDAPCD.Reider said the air in Southern California has been some of the worst in the world through the past week. This is because of the multiple wildfires burning in Northern California, Oregon, and Washington. The winds are pulling the smoke south and it’s settling in places like San Diego, creating hazy and unsafe conditions. Reider said the winds are expected to shift around Friday, meaning the haze should clear after that.In the meantime, Sharp Rees-Stealy physician Jyotu Sandhu said N95 masks are the best protection against wildfire smoke. He added that individuals should assess their own health when determining how seriously they need to take the smoke. People with lung or breathing issues like asthma and COPD should be more aware of the smoke.The SDAPCD issued a Wildfire Smoke Advisory because of the impacts. The air quality will range between "moderate" and "unhealthy for sensitive groups" through Thursday. Sandhu said he’s had patients asking if it’s safe to exercise in the smoke. He said if a person is healthy, they can go outside but should consider spending less time outdoors than usual. For example, if a healthy person runs outside for an hour a day, it might be smart to cut that time in half and only run for half an hour in the smoke. He said if possible, exercising indoors is safer than outside while the smoke persists. 2098

SAN DIEGO (KGTV) — Three women were rescued from a Blacks Beach cliff early Thursday.The three women, all from East County, were stuck on a cliff in the Box Canyon area of La Jolla just after 8 a.m., according to San Diego Fire-Rescue and lifeguards. Fire crews said the women became stuck just above the beach, prompting crews to use a rope system to hoist them down."As you can see, even using a rope system to get down to the beach is challenging because of the steep and slippery cliff conditions," SDFD said in a Facebook post. 540

SAN DIEGO (KGTV) -- The San Diego Unified School District is suing e-cigarette company JUUL, claiming its product “disrupts the education and learning environment across the district.”The lawsuit follows similar suits filed by school districts in Los Angeles, Glendale, Compton and Anaheim. The district is seeking an injunction and abatement to “stop the e-cigarette epidemic” which the district claims severely impacted normal school operations. RELATED: Juul replaces CEO and stops all advertising as vaping crisis escalatesThe lawsuit also seeks compensation for losses as a result of students being absent as well as outreach and education programs. “Our district is in the business of educating students in a healthy and safe environment, said San Diego Unified Superintendent Cindy Marten. “This lawsuit supports district goals by holding JUUL accountable for its harmful marketing practices and unsafe products.”RELATED: Juul officials told 9th grade classroom that vaping device was 'totally safe,' teens testifyRecently-released reports found that 3.6 million middle and high school students used e-cigarettes in 2018. JUUL sent 10News the following statement: 1179

SAN DIEGO (KGTV) -- This year, the Drug Enforcement Administration is adding vaping products to the list of what they’ll accept on National Prescription Drug Take Back Day. The agency will be accepting prescriptions and vaping products on October 26 from 10 a.m. to 2 p.m. According to the agency, nearly 10 million Americans misused controlled prescription drugs in 2018. The Centers for Disease Control and Prevention reports that there have been 33 deaths in 24 states and nearly 1,500 lung injuries from vaping in 2019.The agency is treating the events like an outbreak, saying the best advice is to avoid using all forms of E-Cigarettes. The DEA decided to add vaping products to their drug take back event to make sure they're safely removed."If people throw them away, if people dump them down the toilet, if people store them in a drawer, they're still not safe," says DEA Special Agent in Charge Colin Roane." "We're going to permanently get rid of them by collecting them and disposing them."The DEA will accept any kind of cartridges or vaping devices, as long as they don't have lithium-ion powered batteries.Check out the list below of locations you can drop off prescription drugs and vaping products throughout San Diego County: Naval Medical Center San Diego (Balboa) - Active and retired military and staff onlySan Diego Police Department Central Division Naval Base San Diego Navy Exchange on 32nd Street - Active and retired military and staff onlySan Diego District Attorney’s Office - Hall of JusticeCoronado Police DepartmentSan Diego Police Department Southeastern DivisionMarine Corps Recruit DepotSan Diego Sheriff’s Department Lemon Grove station San Diego Police Department Western Division San Diego Probation Juvenile HallSan Diego Police Department Eastern Division Mesa College Campus Police Substation La Mesa Police DepartmentSan Diego Sheriff’s Department Imperial Beach stationChula Vista Public Works CenterEl Cajon Police DepartmentKaiser Permanente Otay Mesa Pharmacy MCAS Miramar Exchange - Active and retired military and staff onlySan Diego Police Department Northern Division Lakeside Sheriff’s Department Sheriff’s Poway Patrol Station San Diego Police Department Northwestern Division Alpine Sheriff’s Station Scripps Encinitas Hospital Escondido Police Station San Diego Sheriff’s Office San MarcosCarlsbad Police Station San Diego Sheriff’s Office VistaTri-City Medical Center Sheriff’s Fallbroo Patrol Station MCB Camp Pendleton - Active and retired military and staff onlyClick here for more locations. 2559