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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) - Three congressional incumbents are defending their seats across San Diego County in the November election, while two other districts are up for grabs, with one representative retiring and another facing prison.In the 49th District, Rep. Mike Levin, D-San Juan Capistrano, will be challenged by Republican Brian Maryott to represent the district straddling San Diego and Orange counties.Levin won the seat in 2018, defeating Republican Diane Harkey in the general election, and taking over for Darrell Issa, who spent nearly two decades representing the area before announcing he would not seek re-election. Issa is now running to represent the 50th Congressional District.Maryott, a certified financial planner and San Juan Capistrano City Councilman, previously ran for the seat in 2018.Both candidates have identified assisting veterans and those affected by the COVID-19 pandemic among their chief priorities.Levin has advocated for strengthening the Affordable Care Act, while Maryott says he wants to end "Obamacare restrictions on specialty healthcare for our seniors" and opposes "nationalizing our world class healthcare system at all costs."Both candidates oppose offshore drilling and have identified the safe storage and removal of nuclear waste from the San Onofre Nuclear Generating Station as a priority. Levin says his first term included the creation of a task force aimed at analyzing the decommissioned plant's issues and the introduction of legislation to expedite the waste removal. Maryott says he will support efforts to create a deep mountain repository for the spent nuclear fuel.Maryott has contended that Levin is too liberal for the district, while Levin insists his voting record "places him ideologically in the middle of the Democratic Caucus."In the 50th District, Issa will face off with Democrat Ammar Campa- Najjar to represent a district plagued by scandal and the resignation of its former representative, Duncan D. Hunter, who pleaded guilty to unlawfully spending campaign funds and is facing nearly a year in prison.Issa brings considerable experience to the table and is seeking a seat in a region that has consistently voted Republican and re-elected Hunter even as he faced indictment. Issa says he supports construction of the border wall and protecting the Second Amendment, and opposes California's Sanctuary State law.Campa-Najjar, an East County native, owns a consulting firm and is a course lecturer at San Diego State University. He also worked on Barack Obama's re-election campaign in 2012, at the United States Hispanic Chamber of Commerce and at the U.S. Department of Labor.Campa-Najjar says he supports border security, as well as initiatives to make it easier for immigrants to enter the country legally. He also supports a healthcare plan allowing patients to choose from providers in the private, public and nonprofit sectors. He says he wants to preserve portions of the Affordable Care Act, though he says "it has serious flaws."Issa has questioned Campa-Najjar's political convictions, saying his opponent has attempted to rebrand himself as a moderate in order to appeal to Republican voters, while Campa-Najjar says he has spent more time on the ground with 50th District residents than Issa, who formerly represented the 49th District.The 50th District covers East and North San Diego County, along with portions of Riverside County.Rep. Juan Vargas, D-San Diego, and Republican challenger Juan Hidalgo Jr. will face off for California's 51st Congressional District seat for the third straight election.Vargas, who has represented the district since 2012, won the last two elections soundly, taking 72.8% of votes in 2016, and 71.2% in 2018.The 51st District includes southern San Diego County -- including National City, Chula Vista and Imperial Beach -- and all of Imperial County.Vargas was born in National City and his political career includes election to the San Diego City Council in 1993, the state Assembly -- representing District 79 -- in 2000, and the state Senate -- representing District 40 -- in 2010.Among his policy priorities are immigration reform, health care, education and boosting economic growth through solar and green power, according to his campaign website.Hidalgo was born in San Diego and raised in National City, according to his campaign. He served in the Marine Corps., with his last assignment as the Sergeant Major for the Joint Task Force of Guantanamo Bay (GTMO), Cuba.Hidalgo's campaign website highlights jobs, education and public safety as his biggest priorities.He cites high unemployment rates in the 51st District compared to the rest of the state and country as a reason for voters to oust Vargas. Additionally, Hidalgo says he will seek better educational opportunities for children in economically disadvantaged areas, while on the public safety side, he'll prioritize border security and support for local law enforcement.Rep. Scott Peters, D-San Diego, who has represented the 52nd District since 2013, will face off against Republican challenger Jim DeBello, who has decades of experience in the tech industry.In Peters' campaign statement, he states that the COVID-19 pandemic, climate change, and social justice are among his chief issues.He advocates for a "long-term federal plan to increase testing, speed vaccine development and ensure vaccines and treatments are available to everyone equally." Peters also says he has pushed for federal investment in clean energy technology and is working with "Congress, Black leaders and the police to fix police practices and hold bad cops accountable."Peters previously served on the San Diego City Council, including as the council's first president. He also served as chairman of the San Diego Unified Port District.DeBello is a San Diego native perhaps best known as co-inventor of a mobile check deposit app used by 80 million customers, according to his campaign. He also served as chairman and CEO of Mitek Systems for 15 years and led Qualcomm's Internet Software business unit.DeBello describes himself as "a successful business leader and not a career politician," saying he has created jobs through his business endeavors, according to his campaign.He also said his mobile check deposit has yielded climate benefits by saving fuel, "eliminating millions of tons of carbon emissions."DeBello states he will work to rebuild the economy through a focus on innovation, and he opposes "job killing regulations that prevent entrepreneurs, creatives and people that need part-time work to earn a living."The 52nd District comprises much of coastal and central San Diego.In the 53rd District, two Democrats, Sara Jacobs and San Diego City Council President Georgette Gomez, are vying for the seat vacated by Rep. Susan Davis, D-San Diego, who announced late last year she would not seek re-election after representing the region for two decades.Rather than focusing on overt policy differences, the campaigns have focused more on the candidates' backgrounds.Jacobs is the granddaughter of Qualcomm co-founder Irwin Jacobs, and her wealthy background has been highlighted in Gomez's campaign advertisements.Jacobs is also the founder and chair of San Diego for Every Child, a nonprofit focused on ending child poverty. She worked as a policy adviser on Hillary Clinton's 2016 presidential campaign, and held policy positions at the U.S. State Department and UNICEF, according to her campaign website.She says she will work to address climate change and gun violence, as well as increase access to affordable childcare and reproductive care.Gomez has served on the city council since 2016 -- representing District 9 -- and as council president since 2018. She cites her work on the council as part of the platform she plans to carry into Congress, including action to combat climate change, providing economic relief to families during the pandemic, expanding affordable housing and advocating for criminal justice reforms.The 53rd District stretches from Linda Vista to the South Bay, and also covers portions of Eastern San Diego County, such as El Cajon and La Mesa. 8157

SAN DIEGO (CNS) - Wreath-laying ceremonies were held at cemeteries around the county Saturday to honor the military veterans buried there.The ceremonies are part of the larger Wreaths Across America project.More than 1,000 cemeteries across the country participated, including Arlington National Cemetery in Arlington, Virginia. According to Wreaths Across America, the events are an effort to preserve the memory of military veterans and teach children about the sacrifices they make and have made."Each and every wreath is a gift from an appreciative person or family who knows what it means to serve and sacrifice for the freedoms we all enjoy," said Wreaths Across America Executive Director Karen Worcester. "We are so humbled that the community of San Diego is participating in our mission to remember, honor and teach."Starting at 9 a.m. at each cemetery, active-duty military members, military veterans, military families and local volunteers laid balsam fir wreaths on graves at Fort Rosecrans and Miramar National Cemeteries, Greenwood Memorial Park, Valley Center Cemetery and Oak Hill Cemetery. Attendees also said the name of each veteran buried at the cemeteries. 1186

SAN DIEGO (KGTV) - "It's not fair and it's not right," says Warren Peters of Spring Valley. He says he's been watching his son, Jahmes, spend several months fighting for his federal tax return. "People need this money. People have worked for this money. People have earned this money," says 24 year-old Jahmes.The young man tells Team 10 that he filed online in February and received his state refund, but not his federal refund. It's now been more than 7 months. A return summary shows he's owed almost ,200 from the IRS.Jahmes says he's between jobs and burning through his savings. His father tries to help but says he's retired and on a fixed income, so his means are limited."It doesn't feel too good depending on your dad at 24-years-old," Jahmes tells Team 10. Jahmes says he has repeatedly called, emailed and written to the IRS. He adds he was once asked to appear in-person to verify identity, which he says he completed. However, he says his efforts didn't yield clear answers from the IRS.On the IRS website, he showed us what he says is his filing status. "Your tax return is still being processed," is what it reads. "If the circumstances were different, [the IRS] would be knocking on [our] door looking for their money," says Warren Peters. "The IRS is just understaffed and overworked," says tax attorney Ronson Shamoun, CEO of Downtown San Diego's RJS Law Firm. He says long delays are not uncommon. "Yet, after it's been so long, there should be some indication as to what's going on or some sort of game plan as to what you can do."Shamoun says the best route to take is contacting the Taxpayer Advocate Service, which was created by Congress to facilitate aid for taxpayers dealing with related issues. The IRS website reports that most refunds are issued in less than 21 calendar days, but explains there are a number of reasons for delays, including possible errors, incomplete returns, and concerns about identity theft or fraud.  The IRS says it cannot respond to media inquiries about specific cases."He does have a right to be upset. He definitely does," says Shamoun. The Taxpayer Advocate Service can be reached https://taxpayeradvocate.irs.gov/   2371

SAN DIEGO (KGTV) -- 14 building were evacuated Monday night due to a gas leak in the College Area. According to the San Diego Fire-Rescue Department, the gas leak started on the 5000 block of College Avenue around 6:10 p.m. San Diego Gas and Electric responded and were able to fix the leak. 300