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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) - UC San Diego Health and UCSD School of Medicine Friday announced that the university's Center for Advanced Laboratory Medicine is significantly ramping up testing for COVID-19, projecting a capacity to complete 1,000 to 1,500 tests per day within two to three weeks.The interdisciplinary team of scientists and physicians from the school and hospital partnered with five in vitro diagnostics manufacturers in the effort -- Thermo Fisher Scientific, Roche Diagnostics, GenMark Diagnostics, Luminex Corporation and Abbott Diagnostics."UC San Diego has always been a recognized national leader in developing industry partnerships for the greater good," UCSD Chancellor Pradeep Khosla said. "This achievement is a perfect example of brilliant minds in the public and private sectors coming together to solve real-world issues and drive innovation. These partnerships are creative, compelling and incredibly important for all of us in these difficult times."RELATED: San Diego company receives funding to develop rapid COVID-19 diagnostic testPatty Maysent, CEO of UCSD Health, agreed."These partnerships, executed with unprecedented urgency and speed, signify extraordinary, meaningful progress. They represent greater access soon to COVID-19 testing, not just for our patients and health care workers, but hopefully the larger community in need," she said.UCSD Health has been conducting in-house COVID-19 testing since March 10. The in-house testing was among the first such efforts in the nation, hospital officials said, producing results in hours, rather than days or weeks.RELATED: Surge in virtual visits for local at-risk patients amid COVID-19 concernsBut emerging and widespread challenges across health systems and the nation involving shortages of required chemicals and materials has limited testing to only persons meeting strict diagnostic criteria, such as clear symptoms of disease or known exposure to the virus.The Center for Advanced Laboratory Medicine houses the majority of UCSD Health's clinical laboratories, diagnostic services and related research activities.Dr. Ronald McLawhon, director of the center and UCSD's clinical laboratories, said the facility has been revamped to redirect additional personnel and resources to COVID-19 testing."Our entire clinical team understands the importance of this effort in fighting a global pandemic," McLawhon said. "Many of our most skilled laboratory, technical and management staff have been working around-the- clock." 2510

SAN DIEGO (KGTV) -- 10news continues the discussion of climate change ahead of next week's United Nations Climate Summit, with a focus on something San Diegans know all too well: wildfires.Climate change is increasing temperatures and decreasing precipitation which is increasing the frequency and intensity of extreme fire events."It’s predicted that the total area burned will increase by 50% or even as high as 100% over the coming century. We’re going to see more fires, and more dangerous fires and more deadly fires, " says Tom Corringham, a post-doctoral research economist at the Scripps Institution of Oceanography at UCSD.Climate Central analyzed 45 years of U.S. Forest Service records of large wildfires and found there are three times more major wildfires burning across the west each year than in the 1970s. The annual area burned has increased six-fold with wildfire season lasting an average of 105 days longer, research showed.RELATED: Climate Change: Living in a warming worldIn California, there have been more large fires, burning more acres, particularly in warmer years. In Southern California we’re already seeing the move to a year-round wildfire season."What we are seeing is that climate change is getting worse and it’s accelerating at a pace that is greater than we were expecting," Corringham said.Temperatures correlate with large wildfires. Forests are more vulnerable during droughts but even wet winters can spur growth of grasses and shrubs which dry out on warmer days and add available fuel."With unmitigated climate change we are likely going to see wildfires burning later in the season, specifically into December which is the peak of the Santa Ana wind season. That’s when you’re likely to get back-to-back Santa Ana winds. That is what happened a couple years ago with the Thomas Fire," explained Alexander Gershunov, a research meteorologist at the Scripps Institution of Oceanography at UCSD.RELATED: Climate Change: Sea-level rise and the impacts to San DiegoWhen it comes to wildfires the best thing you can do is prepare. Clear defensible space around your home, prepare an emergency kit, go over evacuation routes with your family, and put all valuables in a safe place that will make evacuation easier if necessary."The science is real, climate change is happening and it’s happening faster than we expected but if we all work together we can turn this around," said Corringham. 2434

SAN DIEGO (KGTV) -- A fire that burned near SDSU Sunday afternoon, forcing the evacuation of a nearby apartment complex has been contained. According to the San Diego Fire-Rescue Department, the fire burned roughly two and a half acres. University Police evacuated the Villa Alvarado Apartments during the blaze. Evacuees were asked by the school to report to the Tula Community Center at 6126 Montezuma Road. As of 2:18 p.m. evacuations were still in place. San Diego Fire-Rescue Tweeted around 1 p.m. that the blaze was burning on the 5500 block of Canyon Crest near SDSU. RELATED: Check traffic nearby“SDFD has many firefighters on the ground as well as air resources on this fire. Please avoid the area if possible,” the department said in a tweet. The fire also forced MTS to miss several stops during the fire including it's College and Alvarado stop, College and SDSU stop and SDSU Transit Center stop. Update: The fire is now contained, and no SDSU buildings are at risk of fire.Villa Alvarado remains evacuated at this time. Residents are asked to report to Tula Community Center.Everyone is asked to continue avoiding the area near Interstate 8 and College Avenue.— San Diego State University (@SDSU) September 15, 2019 1238

SAN DIEGO (KGTV) - A driver died Wednesday following a two-car crash at what a Clairemont resident describes as a known trouble spot for traffic. The crash happened about 1 p.m. at the intersection of Genesee Avenue and Chateau Drive, south of Clairemont Mesa Boulevard. “Hit so hard it sounded like an explosion,” said Bonnie Alexander, who has lived in a home at the intersection for some 40 years. RELATED: Neighbors want help after crashes at dangerous intersection in El CajonAlexander ran outside to help, first stopping to check on the driver of the black Tesla that hit her brick retaining wall. “We went to the other to car, to that driver; he took his last breath. He’s no longer with us,” said Alexander. The man's identity was not immediately released.Alexander’s home has been struck by cars five times. She’s hoping to get a guardrail at the location. RELATED: Water from broken pipe leads to rollover crash on San Diego freeway“There’s so many speeders they slingshot right through the intersection. They think they can beat it and end up t-boning someone,” Alexander says of the stoplight on Genesee. There was no word on what caused the crash. 1168