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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 (CNS) - Two San Diego area residents are among the contestants on Thursday evening's episode of the ABC miniature golf series "Holey Moley," including Avis Brown-Riley, who played in the 1988 U.S. Women's Open but missed the cut after two rounds."It was a spectacular and exhilarating experience, now I know what the movie stars experience while filming and one that I always treasure," she said of her miniature golf experience. "The Disney/ABC television production staff rolled out the red carpet and treated all the contestants like royalty. It was inspiring ... especially when the audience was rallying and cheering me along."She also tweeted the water she fell into was cold.Brown-Riley is a Chula Vista resident who is a member of the board of directors of the Southwestern College Foundation, serving as a goodwill ambassador for the community college. She is a breast cancer survivor who is an ambassador with the American Cancer Society, including speaking a golf events.Brown-Riley is a retired Fed Ex operations manager.The other San Diego area contestant is Ray Nugent, an entrepreneur and artist.The 9 p.m. episode includes appearances by four-time Olympic gold medal winning diver Greg Louganis and actor Steve Guttenberg.The episode is the second of "Holey Moley's" second season. It has doubled the number of holes and increased prize money from the first.The course at the Sable Ranch in Santa Clarita has been expanded to 18 holes, "giving us a lot more variety and (a) new hole every single week," creator and executive producer Chris Culvenor told City News Service.In the first season, "the audience loved the holes with a lot of physical comedy like 'Dutch Courage' with the giant windmills, so for the second season we've designed the course with a lot more hilarious thrills and spills," Culvenor said.The winners of each of the season's first 12 episodes will advance to the finale, where the winner will receive 0,000. The winner each of last season's 10 episodes received ,000.Culvenor said he created "Holey Moley" because he "wanted to create a fun physical competition that people of any age, body type or background could take part in.""Miniature golf was perfect because absolutely everyone can play, and people have such fond nostalgic memories of playing it on family vacations, first dates or with friends," he said.Culvenor said he pitched the show as "a serious competition in a really silly world.""Everyone who takes part in 'Holey Moley' genuinely wants to win and is very passionate about putting, but the world we've created is absolutely ridiculous and fun," he said.Basketball star Stephen Curry is among "Holey Moley's" executive producers and is also the "course pro," who presents the show's plaid version of the Masters Tournament's Green Jacket and Golden Putter trophy to each episode's winner."Stephen absolutely loves miniature golf, so he was extremely collaborative when it came to designing the holes on our incredible course," Culvenor said."He also has a fantastic sense of humor, so he fully embraced the comedic elements of the series and really helped make the show fun for the whole family."Culvenor called "Holey Moley" "the perfect show to watch with the whole family, and not only have a lot of laughs, but to also witness some incredible performances by very talented competitors.""In these challenging times when there is a lot to be stressed about, 'Holey Moley' is a feel-good celebration of fun, silliness and amazing skill," Culvenor said. 3535

SAN DIEGO (KGTV) -- A 74-year-old man reportedly hit a bicyclist with his truck in La Mesa Tuesday before leaving the scene thinking he simply hit a curb, police say. According to police, the crash happened on the 7000 block of University Avenue at 4:19 p.m. Tuesday. Police say the 74-year-old was driving his 1994 GMC pick-up truck when he turned right onto Harbinson Avenue and struck the 21-year-old bicyclist. Police say the cyclist was in a designated bicycle lane. The man kept driving, thinking he hit a curb, according to authorities. “When contacted by the police the driver of the pick-up truck was shocked to learn that he had hit a bicyclist and cooperated fully with the investigation,” La Mesa Police said in a news release. According to police, the bicyclist appeared to have a broken ankle as a result of the crash. Anyone with information is asked to call police at 619-667-1400. 906
SAN DIEGO (KGTV) -- A controversial Target store opened its doors Tuesday night in North Park, on University Avenue at the corner of Ray Street. Not everyone was on board when plans for the two-story Target were announced. North Park residents worried about the impact the retailer would have on local businesses and on parking in an already crowded neighborhood. There was also frustration when Target painted over a popular mural that had been on the side of the building for years. San Diego State University professor Dana Kuhn said economically, Target could have a positive impact on the community by creating jobs and boosting businesses nearby. Kuhn said people spending money at Target would inevitably mean they spend money in surrounding businesses. Kuhn also explained that Target will provided goods and services the community needs and that the money spent will stay in North Park. Target says the new store created 60 jobs and many of the employees do live nearby. Target is officially open as of Tuesday night but a grand opening for the community is scheduled for Sunday, March 17. 1106
SAN DIEGO (CNS) - The San Diego Unified School District has started voluntary COVID-19 testing for students and staff at several elementary schools, under a partnership with UC San Diego Health, it was announced Tuesday.The testing initiative is designed to help to keep students and staff safe while expanding in-person learning amid the pandemic. The reopening strategy was developed in collaboration with UCSD infectious disease experts, according to SDUSD Superintendent Cindy Marten."The end of the COVID-19 crisis is now in sight with the development and delivery of a safe and effective vaccine, and that has given us all cause to hope," Marten said. "In the meantime, we are doing everything we can to continue operating safely despite the worsening infection rates in our community. That is why testing is essential."San Diego Unified's testing plan was announced in November, and the Board of Education voted then to authorize an initial million investment in the testing plan, which includes a joint laboratory services testing agreement with UCSD Medical Center. The board will consider ratifying that agreement Tuesday.Eventually, the testing program could be expanded to include all 100,000 students within the district and its more than 10,000 staff members."Scientific models from our colleagues at UC San Diego show we can prevent 90% of all transmissions on campus with effective testing every two weeks," Marten said. "That level of protection will not only help us reopen schools; it will help us keep them open, and avoid the back-and-forth, open-and- shut problems that have plagued other school systems."Free COVID-19 tests will be available to students and staff at 10 district campuses this week -- Rosa Parks, Penn, Foster, Gage, Mason, Vista Grande, Dingman, Jerabek, Hearst and Benchley Weinberger elementary schools -- with additional testing to be offered from Jan. 4-15.The goal is to test every student and staff member every two weeks, starting with those on campus for the first phase of school reopening."The implementation of COVID-19 testing is an important tool for district campuses in identifying and limiting the spread of the coronavirus," district physician Dr. Howard Taras said. "Although voluntary, I strongly urge student and staff participation in the testing program for their health and the health of others."The campuses were selected based on generally higher local case rates of community infections, combined with student and staff participation rates in appointment-based learning.The tests will be administered in campus auditoriums and multi-purpose rooms by medical professionals from UCSD Health in conjunction with staff members from the district's health office. The procedure, which takes about 15 seconds, involves swabbing both nostrils. The swab itself is inserted roughly the same distance as a common nasal spray applicator."The science is clear when it comes to the importance of COVID-19 testing, even if a person has no symptoms," said Patty Maysent, CEO of UC San Diego Health. "It is a critical component in slowing and containing the spread of COVID-19, along with measures like masking, social distancing and proper hand hygiene. Swabbing a mouth or a nose is quick and easy. And it can ultimately help save lives."Test results will be available about 24 hours following the test. Individuals who test positive will receive a phone call from a UCSD health professional and follow-up from district nursing staff. Results will be be accessed through UC San Diego My Chart, https://myucsdchart.ucsd.edu/ucsd/Authentication/Login?.Students and staff members who test negative may get retested every two weeks. Those who test positive for COVID-19 will not be re-tested for 90 days."Even after the vaccine rolls out this winter, I anticipate that testing will remain an important tool for schools," Taras said. "I do not anticipate that school-age children will be offered the vaccine for many months after the vaccine is available to adults."There is very little research on the effectiveness of this vaccine on children under 12. And while we are hopeful that it will be just as effective in younger age groups as it is in adults, vigilance about reducing the numbers of potentially positive and infectious children on our campuses via testing will remain an important precaution for many months after staff members are vaccinated," he said. 4423
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