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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 public will be able to weigh in on the proposed placement of a sexually violent predator (SVP) in north San Diego County.Earlier this month, the state’s Department of State Hospitals (DSH) proposed Joshua Cooley be placed at a property in Pauma Valley.On Oct. 9, at 8:30 a.m., a hearing on Cooley's placement will be available for viewing at https://www.humboldt.courts.ca.gov/.Those interested in submitting a public comment for the hearing can do so between Sept. 15-23. Comments will be sent to the DSH and Humboldt County Superior Court prior to the October hearing.Public comment can be sent via the following methods:Email: sdsafe@sdsheriff.orgPhone: 858-495-3619Mail: SVP Release/SAFE Task Force, 9425 Chesapeake Drive, San Diego, CA 92123More information on sexually violent predators, including legal definitions and requirements for designations can be found at http://www.sdcda.org/preventing/sex-offenders/index.html, and also at the Department of State Hospital’s website, https://www.dsh.ca.gov/.Information on the SAFE Task Force can be obtained at https://www.sdsheriff.net/safe/. 1128

SAN DIEGO (KGTV) -- The San Diego City Council has voted to tentatively approve a prohibition of electric scooters on the city’s boardwalks. The Council voted 5-4 Monday afternoon to approve the ban. The prohibition will include Mission Beach, Pacific Beach, Mission Bay Park Bayside Walk and the La Jolla Shores Boardwalk. Earlier this year, councilmembers voted for regulations on the dockless scooters. RELATED STORIESSan Diego City Council head calls for temporary ban on dockless scootersUber pulling rental bikes and scooters out of San DiegoCommittee moves regulatory proposal for dockless scooters to City CouncilSome of the regulations included a speed limit drop from 15 to 8 miles per hour on boardwalks, a ban on parking scooters in certain areas and permitting fees. The city also created dozens of designated scooter corrals to prevent the scooters from clogging sidewalks. 896

SAN DIEGO (KGTV) — This month, Old Town's Whaley House Museum will open its doors for extended hours and invite guests in for a night of haunts and history.Every October, visitors can stop by during the museum's extended hours. This month, they take place Oct. 24 - 31. While the iconic San Diego home is at the center of several ghost stories and sightings, an enormous amount of important history rests on the grounds.SAN DIEGO HALLOWEEN:Frightful fun: San Diego Halloween, fall events for familiesExperience Halloween chills and thrills at these San Diego attractionsSpirited shindigs: Halloween parties for San Diego's 21+ crowdThe Whaley House was originally started as a storage house, or granary, that would eventually become a courtroom. The two-story home and store addition was added in 1857 by Thomas Whaley. It was the first two-story brick edifice in San Diego and built using bricks made in Whaley's brickyard.The house operated as one of the first stores in the Old Town area and at one time was Whaley's home, a courtroom, a general store, and a theater simultaneously.While the store served the community in multiple ways during the 1800s, it seems its residents of one of the most haunted homes in America have stayed behind to watch over the grounds.During tours, museum guides will explore the stories of Whaley; his wife, Anna; their children, Violet and Tommie; and "Yankee" Jim Robinson — all of whom are believed to still be at the home in some form."Yankee Jim" was hanged on the grounds in 1852. Guests have reported heavy footsteps and windows being unlatched and opened — even Whaley himself. Others reported seeing Whaley on the home's upper landing, and a full apparition of Anna in the downstairs rooms or garden.Tickets for Halloween tours are for adults and for children, seniors, and military members. Children under 5 can get in for free. Special after-hours tours on Halloween from 7 p.m. to midnight are also available for . 1979

SAN DIEGO (KGTV) - The San Diego Police Department is preparing for the possibility of big demonstrations on and around Election Day. "We don't have any credible information to say that there's going to be civil unrest or large protests groups out on Election Day or soon thereafter on Election Day. However, we have been in contact with other cities throughout the United States. We've been in contact with our federal partners throughout the United States. We're preparing for possible unrest to occur on Election Day and afterward," said SDPD Lt. Shawn Takeuchi.SDPD will not reveal exact staffing levels but said that officers will be ready to handle the calls. Lt. Takeuchi added that SDPD has nine stations throughout the city and it’s up to each station's captain to determine appropriate staffing levels for the election. He said that officers are mindful of concerns surrounding the ballots and the pandemic. “As humans, when you don't know your future, I think it brings out a little bit of anxiety and so I think that we are aware of that and the emotions,” Takeuchi added.Sean Eldridge, with Protect the Results, told ABC10 News his group is focused in part on preparing several upcoming rallies in San Diego and beyond.“Part of our work at Protect the Results is to encourage every American to be patient and realize that it could take days if not longer before we know the full count of this election,” said Eldridge. "We have nearly 400 pre-planned events across the country which could happen as early as the afternoon of Wednesday, Nov. 4, the day after Election Day, if Trump were to try to undermine the election results.”Eldridge says that participants are being encouraged to remain peaceful.Lt. Takeuchi is asking for any groups planning demonstrations to please reach out to SDPD ahead of time so that officers can ensure everyone’s safety. 1871

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